KARNI DAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition under Sec. 397/401 Cr.P.C. has been filed by the petitioners against the order dtd. 19/9/2022, passed by learned Special Judge, SC/ST (Prevention of Atrocities Cases), Barmer, whereby the learned Judge did not accept the final report and took cognizance against the petitioners for offence under Ss. 341, 323, 427/34 IPC and Ss. 3(1)(r)(s), 3(2) (va) of SC/ST Act.

(2.) Succinctly stated, the facts of the case are that on 22/5/2021, the complainant-respondent No. 2 lodged an FIR at Police Station Shiv, District Barmer to the effect that on 11/5/2021, her son Swaroop Ram went outside the home bringing household goods. On the way, accused petitioner No. 1 Karni Dan alongwith 20-25 persons assaulted and abused him with caste oriented language. The accused-persons damaged the motorcycle of Swaroop Ram as well. After the said incident, the complainant expected them to reach a compromise for a couple of days, but no one turned on behalf of the accused party. Subsequently, on 14/5/2021, the accused persons rather threatened the complainant using caste abusive language.

(3.) On the report, Police registered FIR No. 111/2021 and started investigation. Initially, the investigation was done by Dy.SP, Special Cell, SC/ST, Jaisalmer, who, after investigation, found the case proved only against the petitioner No. 2 Jogdan. Subsequently, the investigation of the case was transferred to Additional SP, Jaisalmer and thereafter to Additional SP, Civil Rights, Jaipur. Both the Police officers submitted negative final report in the matter before the concerned Court to the effect that no offence was found proved against the accused petitioners.