VIJAY LAXMI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned Counsel for the parties and gone through the niceties of the matter, more particularly the order dtd. 13/11/2014 and order dtd. 4/2/2015 passed by learned Court of revision.

(2.) Bereft of elaborate details, the stated facts of the case are that the respondent No. 2 who had submitted a criminal complaint on the basis of which a first information report got lodged inter alia alleging that on 20/7/2013 when she went to the office of gram panchayat where the secretary Vijay Laxmi scuffled with her despicably and used abusive language indicating her caste, as a consequence of which she fall on the floor and received injuries. The matter was thoroughly investigated by the police, however after conducting thorough investigation no case as alleged in the FIR No. 374/2013 was found proved and that a negative final report came to be submitted.

(3.) The complainant made a protest to the opinion of investigating officer and thus, the learned Magistrate initiated an inquiry contemplated under Ss. 200 and 204 of the Cr.P.C. She was examined as CW1 and her witnesses Maya Devi, Jagdish, Jogendra Singh & Mahendra Singh as CW2, 3, 4 & 5 respectively. Whereafter hearing the Counsel for the complainant and going through the material brought on record, the learned Magistrate took cognizance of the offence while neglecting the negative final report. At the same time process was issued against the petitioner.