NARPAT SINGH S/O LATE SHRI AMAR SINGH, BY CASTE RAJPUT, RESIDENT OF ARANGWAS, TEHSIL SOJAT CITY, DISTRICT PALI, PRESENTING WORKING AT POLICE COMMISSIONERATE, JODHPUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant misc. petition, under Sec. 482 Crimial P.C., the present petitioners have assailed the judgment & order dated 25.04.2012 passed by Special Judge, SC/ST (Prevention of Atrocities) Cases, Bhilwara in Sessions Case No.69 of 2006 to the extent they have been castigated by remarks along with one other person named Jagdish Mordiya and the direction issued for registering a case against them under Sec. 250 Crimial P.C. and issuing show cause notices.

(2.) Succinctly stated, the facts of the case are that complainant Devilal Nayak on 24.11.2005 lodged a criminal complaint in the Court and averred inter-alia that he is serving as Labour/Artisan for Jagdishchanda on his mines and therefore being his reliable person one plot in his name was purchased from Smt. Lali. Later on as per complainant boundaries got constructed, however, he has no ownership rights over that plot and in this connection documentations were made in favour of Jagdishji Mordiya. It was also alleged that as good quality stone was found and excavated in the said plot the accused persons fraudulently and with dishonest intention in order to harm Jagdish Mordiya prepared number of forged documents by hatching conspiracy with others and by impersonating him got the said plot transferred again in their names. In order to show offences committed by the accused persons, it is inter alia pleaded in the complaint that when he raised objection accused persons abused him and threatened of dire consequences. The said complaint was sent to the police station Bijolia under Sec. 156(3) Crimial P.C. where upon FIR No.194/2005 for offence under Sections 467, 468, 471, 420 and 120B Penal Code and Sec. 3(i) (iv)(v)(ix) and (x) of the SC/ST (Prevention of Atrocities) Act was registered. At the relevant time petitioner No.2 was SHO of Police Station Bijolia but as the matter related to SC/ST Act, investigation was handed over to petitioner No.1, who was then Dy. S.P., Mandalgarh Circle.

(3.) After investigation, charge sheet was filed against accused persons Smt. Lali, Amarsingh and Devilal Nayak for the aforesaid offences on 11.10.2006 in the Court of Judicial Magistrate. The case was later on committed to the Court of Special Judge, SC/ST Act Cases, Bhilwara (learned Court below) where charges against accused persons were framed and on denial the Court proceeded with trial. The prosecution in support of its case produced number of witnesses including the present petitioner No.1 Narpat Singh Rajput as PW15. On conclusion of trial, the Court below found that the prosecution has miserably failed to prove its case and the accused persons are therefore acquitted for all the offences. In the judgment, the Court below observed that Jagdish Mordiya in connivance with the petitioners got the case registered through his servant and challan was got filed in a false and concocted case resulting in suffering accusation without any reasonable cause to all the accused persons for six years. With this finding the learned court below ordered that they are to be compensated by Jagdish Mordiya, Chaina Ram Beda and Narpat Singh. The observations in vernacular read as under: