RIJWAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has challenged the order dated 2.6.2005 whereby the Special Judge, SC/ST (Prevention of Atrocities) Court, Jaipur City, Jaipur has framed charge for offence under Sections 353, 332 and 308 Indian Penal Code. against the petitioner.

(2.) The brief facts of the case are that on 2.2.2005 when the petitioner was going on his motorcycle to his house near the Government Hospital he suddenly met with an accident with the police constable Satya Narain. Because of the said accident Satya Narain sustained an abrasion on his left elbow. But as the petitioner had collided with the police constable, the other police personnel who were standing near the Government Hospital, they all came over to the site of the accident and physically assaulted the petitioner. They also threatened the petitioner that in case he were to lodge any complaint against them, he would face dire consequences. In order to protect themselves the police constables lodged an F.I.R. against the petitioners for offence under Sec. 308 Indian Penal Code. Since the police was not willing to register a formal F.I.R. against the police constable, the petitioner filed a complaint before the Chief Judicial Magistrate for offence under Sections 323, 341, 342 and 504/34 Indian Penal Code. lie also requested the Chief Judicial Magistrate to direct that the petitioner be medically examined in order to prove the fact that the petitioner was assaulted by the police. Meanwhile, on the basis of the F.I.R. registered against the petitioner under Sec. 308 Indian Penal Code. vide order dated 2.6.2005 the Special Judge SC/ST Court, Jaipur City, Jaipur has framed charges against the petitioner for offences under Sections 332, 353 and 308, Indian Penal Code. hence, this petition before us.

(3.) Mr. S.K. Gupta, learned counsel for the petitioner, has argued that Satya Narain has merely suffered an abrasion on the left elbow. According to the X-Ray report dated 2.2.2005 there is no evidence about fracture of the said elbow. Other injuries claimed by him was complaint of pain and tenderness and swelling on the left forearm. Thus, the basic ingredients of the offence under Sec. 308 Indian Penal Code. are not made out. Yet the learned trial Judge has framed charges for offence under Sec. 308 Indian Penal Code.