PRATIK GAUTAM Vs. THE STATE & ANR.

JUDGEMENT

(1.) THE accused petitioner, Pratik Gautam, is aggrieved by the order dated 16.07.2005 whereby the learned Magistrate has taken cognizance against him for the offence under Section 363 IPC and Section 3 of SC/ST Act. The petitioner is also aggrieved by the order dated 25.11.2005 passed by the Special Judge, SC/ST (Prevention of Atrocities Cases) Jhalawar, whereby the learned Judge has upheld the order dated 16/7/2005. Briefly on 27.05.2004, Narayan Lal, complainant -respondent No. 2, submitted a written report at Police station Bakani with regard to an incident that took place on the same day. In the said report he claimed that his daughter has been abducted as 7 O'clock in the evening. He further claimed that since the morning a Maruti Car, bearing registration No. RJ -17 -C -1664, being driven by the petitioner had been encircling his house. His daughter was engaged on 26.05.2004 and was due to get married on 05.06.2004. He suspects that his daughter has been abducted by Pratik Gautam and his friends. On the basis of the report a formal FIR, FIR No. 147/2004 was chalked out for offence under Section 363 IPC and under Section 3 of SC/ST Act. After a thorough investigation, the police submitted a negative final report. The complainant submitted a protest petition. The learned Magistrate recorded the statement of the complainant under Section 200, and that of his witnesses under Section 202 Cr.P.C. By order dated 16.07.2005, the learned Magistrate took cognizance of the offence under Section 363 IPC and under Section 3 SC/ST Act. Since the petitioner was aggrieved by the said order, he filed a revision petition before the learned Judge. However, by order dated 25.11.2005, the learned Judge dismissed the revision petition and upheld the order dated 16.07.2005. Hence, the present petition before the Court.

(2.) MR . M.K. Jain, the learned counsel for the petitioner, has raised the following contentions before this Court: -

(3.) HEARD the learned counsel for the parties and perused the impugned orders.