LEELA & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this revision petition, the prayer of the petitioners is that the part of the order dated April 13, 1992, passed by the learned Munsif and Judicial Magistrate, Kotputli, whereby cognizance was also taken against them under Sec. 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act, 1989'), be quashed.

(2.) In order to appreciate the controversy involved in the matter, necessary facts may be given. For an incident, which took place at 5 p.m., on Dec. 30, 1991, a report came to be lodged at Police Station, Pragpura, District Jaipur by Smt. Mishri. On this report, Crime No. 190/91 was registered under Sec. 147,148, 149, 323, 302 and 341, IPC. After completion of investigation, the police submitted a charge-sheet against the petitioners under Sections 302, 307, 341, 323 and 34, IPC, in the Court of the learned Munsif & Judicial Magistrate, Kotputli. The prosecution story about the incident, as per the report, Is that when Smt. Mishri (informant) was taking her cattle for drinking water, then, in the way, the accused- petitioners and other persons named in the FIR, met her and prevented her from taking the cattle through the way on the ground that if the cattle were taken through the way, they would damage the crop. Thereupon, they started bearing her and, on her cry, Prahlad, Ramswaroop, Suraj and Smt. Suwa came to rescue her and they were also assaulted with lathis. The incident was seen by Smt. Badami and Smt. Kesari.

(3.) After registration of the case, an application was moved on behalf of Smt. Mishri, with a prayer to take cognizance against other persons, who were left out by the police and also to take cognizance for the offence under section 3(2)(v) of the Act, 1989. By the impugned order, the learned Magistrate took cognizance against the petitioners for the offence under section 3(2)(v) of the Act, 1989 and this petition is restricted to this part of the order only.