RAJENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-petitioner has preferred this revision petition under Section 397 read with Section 401 Cr.P.C. to assail order dated 31st of October 2017, passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Sri Ganganagar (for short, 'learned trial Court'), framing charge against the petitioner for offence under Section 450, 365 / 34, 376D IPC and Section 3(1)(xii), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) The facts, in brief, giving rise to this revision petition are that, at the threshold, father of the prosecutrix lodged FIR at Police Station Raisinghnagar, District Sri Ganganagar naming Vishnu Dutt Vishnoi as accused for the aforesaid offences.] Pursuant to FIR No.306/15, investigation commenced and statements of the prosecutrix were recorded under Section 161 Cr.P.C. as well as Section 164 Cr.P.C. Police after investigation, submitted charge-sheet against accused Vishnu Dutt alone while dropping name of the petitioner despite his name being revealed for commission of aforesaid offence by the prosecutrix in her both the statements. Feeling aggrieved with the said charge-sheet, complainant submitted an application before the learned trial Court under Section 193 Cr.P.C. for taking cognizance against the petitioner. The learned trial Court, after considering the application, by its order dated 20th January, 2016 took cognizance against the petitioner for aforesaid offences and issued arrest warrants against him. Feeling aggrieved by the aforesaid order, petitioner approached this Court by filing a revision petition bearing No.141/2016. While arguing the revision petition, petitioner has abandoned challenge to the order of cognizance but simply craved for converting arrest warrants into bailable warrants. Acceding to the prayer of the petitioner, Court decided the revision petition on 2nd of December 2016. The operative part of the order dated 02.12.2016, in vernacular, reads as under:

(3.) I have bestowed my consideration to the arguments advanced at Bar and perused the materials available on record.