BUDDHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has challenged the orders dated 14.8.2001 and dated 27.8.2001 passed by the Additional Civil Judge (JD) and Judicial Magistrate (FC) No. 7, Jodhpur. By the former order, the learned Magistrate had refused to take cognizance on a complaint filed by the petitioner for offences u/ss. 323, 341, 342, 351 & 365 Penal Code (for short "IPC" hereinafter) and for offence u/s. 3 of the Scheduled Caste and Scheduled Tribes (Preventions of Atrocities) Act, 1985 (for short "SC/ST Act"). By the latter order, he refused to review the order dated 14.8.2001.

(2.) According to the petitioner on 13.7.2001, he had filed a criminal complaint before the Magistrate against the staff of Police Station, Dangiawas, Jodhpur with regard to atrocities committed by the policemen Kan Singh, Mahaveer Singh, Prakash, Parmeshwar and Lal (sic) u/ss. 323, 341, 342, 351 & 365 Penal Code and u/s. 3 of the SC/ST Act.

(3.) After keeping the said complaint pending, finally on 14.8.2001, the learned Magistrate came to the conclusion that since offences under the SC/ST Act were alleged, therefore, he did not have the jurisdiction in the matter. According to the learned Magistrate, the jurisdiction for taking cognizance lay with the Special Court. Therefore, the complaint was returned back to the petitioner. However, when the petitioner approached the Special Court, the said Court refused to accept the complaint and verbally directed the petitioner to move the complaint again before the learned Magistrate. Consequently, the petitioner again submitted the complaint alongwith an application u/ss. 177, 178, 190, 200 & 202 Crimial P.C. But, vide order dated 27.8.2001, the learned Magistrate was pleased to dismiss the application on the ground that the Court does not have the power of review.