SURJA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal has been filed by the appellants against the order dtd. 23/3/2022 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Bikaner by which the Trial Court accepted the protest petition and took cognizance against the appellants for offence under Ss. 323, 341 IPC and Sec. 3(1)(s) of SC/ST (Prevention of Atrocities) Act.

(2.) Brief facts of the case are that the complainant Vijaypal@ Amlkit filed a complaint stating therein that on 26/8/2013 when he was going towards market, the appellants alongwith other unknown persons stopped him and started abusing him using caste oriented language. It was alleged that one of accused hit the complainant with a lathi and one of the accused even fired a gunshot. The complainant anyhow managed to escape.

(3.) On the basis of complaint, FIR No. 181/2013 was lodged at Police Station Chattargarh, District Bikaner and investigation commenced. After investigation, the police submitted a negative Police report. Feeling aggrieved, the complainant filed a protest petition. The learned Trial Court vide order dtd. 23/3/2022 accepted the protest petition of the complainant and took cognizance against the appellants for offences mentioned above.