RAMESHWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard. This revision petition has been filed by the petitioner/complainant against the order of learned ADJ (Fast Track) No. 2 Hanumangarh-HQ-Nohar in Criminal Revision No. 189/2007 (67/2006, by which, the learned Judge has quashed the order dt. 31.08.2006 passed by learned Magistrate, Rawatsar in Criminal Case No. 325/2006, by which, the learned Magistrate on protest petition has taken cognizance against the accused for the offence under Sec. 3(1)(x)of SC/ST (Prevention of Atrocities) Act and has issued non-bailable warrant.

(2.) The brief facts necessary for the disposal of this revision are that on 07.08.2005 complainant-petitioner filed a written report at P.S. Rawatsar alleging therein that he is the UP-Sarpanch of Gram Panchayat, Gandheli. On 05.08.2005 a meeting of the Gram Panchayat took place wherein some altercation took place between the complainant and the accused and during that process, the accused abused the complainant by caste. On this a case for the offence under Sec. 3(1)(x) of SC/ST Act was registered and the police started investigation.

(3.) After investigation, the police submitted Final Report in the matter, on which, a protest petition was filed for recording the statement of the complainant and his witnesses under Secs. 200-202 Crimial P.C. After recording of the statements, the learned Magistrate vide order dt. 31.08.2006 found that prima facie offence under Sec. 3(1)(x) of SC/ST Act is made out and proceeded to take cognizance against the accused-Alamdeen and summoned him through non-bailable warrant.