DHANPAL JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Public Prosecutor. None present for the non-petitioner No.2 in spite of service of notice on him.

(2.) By his order dated 1-8-1995 the learned Civil Judge (Junior Division) and Judicial Magistrate. First Class, Ghatol issued process against the petitioner Dhanpal and another accused Shantilal for having committed offences under Section 420 IPC and under Section 3(i)(x) of the SC/ST (Prevention of Atrocities), Act. 1989. Feeling aggrieved by the above mentioned order the petitioner Dhanpal has approached this Court under Section 482 Cr. P.C. and prayed that the impugned order dated 1-8-1995 be quashed and set aside.

(3.) The learned counsel for the petitioner has submitted that there were no grounds to proceed against the petitioner for the offences under Section 420. IPC and under Section 3 (i)(x) of the SCIST (Prevention of Atrocities) Act; and therefore, the impugned order deserves to be quashed and set aside. The learned Public Prosecutor has supported the order passed by the learned Judicial Magistrate.