BHERU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY filing instant criminal Misc. petition the complainant petitioner has challenged the order dated 8.3.2006 passed by Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Baran (for short 'the revisional Court') passed in Criminal Revision No. 5/2006 (82/2005) by which he set -aside the order of cognizance dated 8.12.2005 passed by Civil Judge (Jr. Div.) and Judicial Magistrate, Mangrol District Baran (for short 'trial Court') in Criminal Case No. 53/2005 and remanded the matter for hearing afresh.

(2.) BRIEF facts of the case are that complainant petitioner filed a complaint before trial Court against the accused respondent to this effect that entered into the conspiracy with the officials of Government Primary School, Jetalhedi. He further stated that the accused respondent filed a false application before the District Collector and District Election Officer, Baran stating therein that the petitioner is having three children and his third child was born was after 1995. He further mentioned in the complaint that accused respondent submitted a certificate issued by the Govt. Primary School, Jetalhedi, Panchayat Samiti Anta in which he has mentioned the date of birth of his third child as 19th Feb. 1996. Certain other facts were also mentioned.

(3.) THE accused petitioner being aggrieved with the order of cognizance dated 8.12.2005, preferred a revision petition before the revisional court.