CHEN DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner, the Public Prosecutor and the learned Counsel for non -petitioner No. 2.

(2.) THIS petition under Section 482 Cr. P.C. is directed against the order dated 28th October, 1996 passed by the Special Judge, SC/ST (Prevention of Atrocities Act) Cases, Merta in criminal revision No. 38/96 whereby the learned Sessions Judge affirmed the order passed by the Assistant Collector -cum - Executive Magistrate, Degana on 30th July, 1996 in criminal case No. 4/96 Raja Ram v. Chen Devi.

(3.) THE record of the lower court shows that on 13th August, 1996, the non -applicant (petitioner Smt. Chen Devi and Damodar) filed their reply of the complaint filed Under Section 133 Cr. P.C. and also filed the reply to the application filed Under Section 142 Cr. PC. The case was then adjourned for arguments. Arguments regarding application Under Section 142 Cr. PC were heard on 27th August, 1996 and the case was adjourned to 31st August, 96. Meanwhile, it appears that an application for transfer of case had been filed, and therefore, the learned Assistant Collector -cum -Executive Magistrate could not pass the order. The case was ultimately transfered to the court of sub -divisional Magistrate Merta.