JAGDISH RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner Jagdishram has filed this petition under S.482, Cr. P.C. against the order of the learned Additional Sessions Judge No. 2, Hanuniangarh dated 27-8-1987 whereby he has upheld that order of the learned Additional Chief Judicial Magistrate, Hanumangarh dated 26-6-1986 taking cognizance against the accused-petitioner for the offence under S.7 of the Protection of Civil Rights Act.

(2.) The facts necessary to be noticed for the disposal of this petition briefly stated are that the non-petitioner No. 2 filed a complaint before the learned Additional Chief Judicial Magistrate, Hanumangarh on 15-11-1985 alleging that on 7-11-1985 at about 9.30 a.m. he was posted as Peon in the Aurvedic Hospital at Fategarh. Accused-petitioner Jagdishram, who is District Ayurvedic Officer, Sri Ganganagar came there for inspection. He asked him to bring water and when non-petitioner No. 2 took water in a Jug and a glass, the accused-petitioner refused to take water brought by him because non petitioner No. 2 Lalaram is a Harijan. It is further alleged that the accused-petitioner gave several abuses to ham. This complaint was forwarded to the police for investigation by the learned Additional Chief Judicial Magistrate under S.156. Cr. P.C. Before the report was submitted by the Police under S.173, Cr.P.C., the non-petitioner filed a second complaint before the learned Additional Chief Judicial Magistrate for the same offence and against the same accused on 28-1-1986 pleading therein that the Police has taken no steps and therefore, he has filed this complaint.

(3.) It was reported on 1-2-1986 that the earlier complaint was forwarded to the Police and no report has been received. Report was received on 17-2-86, which was a final report but still the Court proceeded with the case and recorded the statements of the complainant and his witnesses and took cognizance against the accused as aforesaid. Aggrieved against the order of the learned Addl. Chief Judicial Magistrate, Hanumangarh dated 26-6-1986, the accused petitioner Jagdishram preferred a revision before the learned Addl. Sessions Judge No. 2, Hanumangarh and that revision was dismissed and hence this petition under S.482, Cr. P.C.