JITENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant S.B. Criminal appeal is preferred under Sec. 14A(1) of SC/ST (POA) Act, 1989 aggrieved from order dtd. 25/4/2022 in complaint case No. 20/2021 passed by learned Special Judge SC/ST (POA) Act Cases, Kota whereby complaint of appellant complainant was dismissed.

(2.) A complaint under Ss. 336, 504 and 506 IPC and Ss. 3(i), 3(ii) and 3(x) of SC/ST (POA) Act was filed on 6/4/2021 with the allegation that on 24/3/2021 around 11.00P.M. accused called him and inquired about his brother Narendra but complainant had disconnected the call, thereafter, the accused respondent again called him and insulted complainant and his brother using casteist slur and abusive language. This conversation was recorded by the complainant and on the basis of conversation, he craved before learned trial Court for proceeding under Sec. 156(3) Cr.P.C.

(3.) Learned trial Court instead of forwarding this complaint to register a criminal case under Sec. 156(3) Cr.P.C., decided to record the statement of complainant under Sec. 200 Cr.P.C. and Gajendra Prajapati under Sec. 202 Cr.P.C. Learned trial Court has also called certain record from concerned police station Dadabari, Kota. After hearing the complainant, the complaint was dismissed, hence this appeal.