RATAN DEVASI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal misc. petition as well as revision petition have been filed by the respective petitioners against the order dtd. 29/9/2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Jalore whereby, learned trial court took cognizance against the petitioners for offence under Ss. 458, 352, 440, 379 read with 34 IPC and Sec. 3(1)(v), 3(1)(x), 3(1)(xv) and 3(2)(v) of SC/ST (Prevention of Atrocities) Act.

(2.) Brief facts of the case are that the complainant Movni Devi lodged an FIR on 29/12/2014 at Police Station Ramsin, District Jalore stating therein that on the previous night at around 1:00 - 1:30 am, accused Pankaj, Ratan Ram alongwith 30-40 other persons armed with lathi and other weapons forcibly entered into the house and started beating her and family members. They forcibly dragged her out of the house and while hurling caste abuses, threatened to vacate the house otherwise they will be killed. The accused also torn the cloth of the complainant, but her husband who is handicapped could not come to her rescue. It was alleged that the son of complainant who tried to save her, was beaten and thereafter, the accused took away household articles/utensils in a trolley. While leaving, they again threatened not to report the incident to police, else they will be met with dire consequences.

(3.) On the basis of this report, the FIR bearing No.186/2014 was lodged for offence under Ss. 458, 323, 354, 427 IPC and Sec. 3(1)(x)(xi)(xv) of SC/ST (Prevention of Atrocities) Act and thereafter, the investigation was proceeded. After investigation, the police filed a final negative report against the present petitioners. The complainant respondent no.2 filed a protest petition in which the trial court by way of impugned order dtd. 29/9/2023 took cognizance against the petitioner as mentioned above. Hence, this misc. petition and revision petition.