ABDUL KARIM AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) -Heard the learned counsel for the parties.

(2.) By his impugned order dated 24.3.93 the learned Special Judicial Magistrate, Kota, had taken ;cognisance of the offence Under section 147, 323, 365 Penal Code and Sec. 3 of the SC/ST (Prevention of Atrocities) Act, 1989 on the Negative Report, submitted by the police and summoned the present petitioners as accused in the case. Though the petition had been filed on behalf of all the five accused person, as summoned by the learned Magistrate, yet by order dated 10.5.93 of this court the petition was admitted in respect of the part of order relating to Abdul Karim, petitioner, only. By order dated 16.7.97 the Bench had directed that a notice be also issued to Jagannath, the informant in the case. Despite issuing the notices to him thrice, Jagannath, informant, did not appear. The case is pending for the last about four years and the record of the lower court has been requisitioned here, causing delay in the disposal of the case by the trial court. On suggestion of the learned counsel for the parties I examined the record and heard them in order to satisfy myself whether it would be necessary to near Jagannath before passing any orders in the case. After hearing the learned counsel for the parties I am satisfied that it is not necessary to hear the informant Jagannath as the cognisance in the case has been taken by the learned Magistrate Under section 190 (1) (b) Cr.PC. on a police report.

(3.) The case, reported by Jagannath to the police, was that he had been working at the Mines of the petitioner Abdul Karim and Abdul Wahab, petitioner No. 2. Jagannath, informant, had reported that on 14.4.90 at about 8.30 or 9.00 A.M. when he had been working at another Mine of Kukda, the accused persons, as named in the complaint and which were seven in numbers including the present petitioners, reached there in a Jeep, assaulted him and kidnapped him on the ground that he was not to work at other mines as he had been advanced a sum of Rs. 10,000.00 by the petitioner and his men to work at their mines. The police registered Crime No. 41 Under sections 109, 120-B, 147, 148, 149, 150, 154, 155, 156, 158, 323, 365, 374 Penal Code and Sec. 3 of the SC/ST (Prevention of Atrocities) Act. However, after investigation the police came to the conclusion that no occurrence, as had been alleged in the report, had taken place and that it was a dispute between the accused persons on the one hand and Jagannath on the other regarding the advance payment of Rs. 10,000 /- by owners of the Mine to Jagannath, informant. A Final Report Under section 169 Cr.PC. was accordingly submitted. On a protest petition, having been filed before him by Jagannath, the learned Magistrate, after examining the informant Under section 200 and his witnesses Prabhulal, Sita Ram and Smt. Bajrangi Under section 202 Cr.PC. took cognisance of the offence Under sections 147, 323, 365 Penal Code and Sec. 3 of the SC/ST Act and summoned five persons, including the petitioner Abdul Karim, as accused in the case.