MANGAL CHAND SONI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition has been filed under Sec. 482, Code Criminal Procedure with the prayer that the Munsif cum Judicial Magistrate, Sujangarh be directed not to take cognizance against the accused petitioner and not to arrest and send him to judicial custody in connection with FIR No. 220/92 dated Nov. 2, 1992 Police Station. Sujangarh (Churu) so far as the offences punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be called 'the Act') are concerned.

(2.) The petitioner's case is that on the complaint of Shri Kalu Ram Bankar (Scheduled Caste), Tehsildar, Sujangarh dated Nov. 2, 1992, said FIR under Sections 353. 332 and 504, Indian Penal Code and Sec. 3(1)(x) of the Act was registered against him. He filed D B. Civil Writ Petition No, 6017/92 challenging the provisions of the Act and also for issuing an order or direction to the non-petitioner not to arrest him. On his stay application the Division Bench of this Court was pleased to direct that in the mean while the petitioner shall not be arrested in connection with the said FIR so far as the offences punishable under the Act are concerned. In similar Writ Petition No. 4701/92 Gidharam Vs. Union of India and others , similar slay order was passed in connection with FIR No. 87/92 Police Station Chhapar (Churu) and despite it the learned Magistrate took cognizance of the offence under Sec. 3(11) of the Act against him observing that there is no stay of the High Court for taking cognizance, despite his objection, rejected his bail application and sent him to judicial custody, after the challan was filed by the police. The petitioner apprehends that on filing of the challan by the police, cognizance would also be taken against him under the Act by Shri Chandra Kumar Songara, Munsif cum Judicial Magistrate. Sujangarh, his bail application would be rejected and he would be sent to judicial custody. The complainant Shri Kalu Ram Tehsildar, Sujangarh is a Scheduled Caste Officer and is a friend of Shri Chandra Kumar Songara, Munsif cum Judicial Magistrate, Sujangarh.

(3.) It has been contended by the learned counsel for the petitioner that despite the stay order passed on Nov. 11, 1992 in the said D.B. Civil Writ Petition for not arresting the petitioner the learned Munsif cum Judicial Magistrate may reject the bail application of the accused petitioner and send him to judicial custody as wits Core by him in the case of Gidharam and the very purpose of his filing said writ petition would be frustrated.