BIRAM LAL Vs. STATE

JUDGEMENT

(1.) THIS revision petition under Section 397/401 Cr. P. C. is directed against the order dated 22. 10. 2005 passed by the learned Civil Judge (Junior Division) cum Judicial Magistrate, Ist Class, Nasirabad District Ajmer in Criminal Case No. 685/2003 whereby he has dismissed the application filed by the petitioners and framed the charges against them for the offences under Sections 384 and 506 IPC.

(2.) BRIEF facts giving rise to this revision petition are that on 16. 9. 2003 complainant Laxmi Narain lodged a report at Police Station Mangaliawas Distt. Ajmer alleging therein that he is a member of Prajapat community. Some persons of the community have constituted an illegal organization which is indulging in humiliating the members of the community. They have also imposed heavy fines. It is alleged that the persons named in the First Information Report including the petitioners have been torturing the complainant for last about 10 years on account of the marriage of his sister Bhanwari Devi. His father was humiliated and kept standing in the sun for hours in the presence of 150-200 persons and was imposed a fine of Rs. 2,000/- directing him to deposit the same in Pushkar temple. The persons of the community have been warned not to keep relations with him and his family. It is further alleged that they have now directed him to deposit a sum of Rs. 1 lac for his re-entry into the community. On the basis of the aforesaid report, an F. I. R. No. 181/2003 was registered for the offences under Sections 384, 385, 388, 389, 500 and 143 IPC. After investigation, charge-sheet was filed against the petitioners for the offences under Sections 384 and 506 IPC. The petitioners moved an application before the learned Magistrate praying therein to recall the order of taking cognizance and to drop the proceedings against them. But the same was dismissed vide impugned order dated 22. 10. 2005 and charges were framed against them for the offences under Sections 384 and 506 IPC as indicated above. Hence, this revision petition.

(3.) IT is true that in Vena Ram & Ors. vs. The State of Raj. (supra) it is held that charge under Section 384 IPC is not sustainable if the property is not delivered by the person extorted and in the instant case also no property is alleged to have been delivered by the persons extorted to the accused petitioners.