GOVIND SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 13.9.2004 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases -cum-Additional Sessions Judge, Bhilwara in Cri. Revision Petition No. 30 of 2004, Jeewan Lal v. State by which the learned Special Judge, while accepting the revision petition, has set aside the order of taking cognizance against the nonpetitioner-respondent No. 2.

(2.) Briefly stated, the facts of the case are that on 16.4.2000 Govind Singh complainant stated ur his police statement, which was recorded at Govt. Hospital, Kotdi by Bhanwar Lal, ASI, Police Station, Kotdi wherein it was stated that on 16.4.2000 at about 8.00 PM, he along with Nand Singh and Devi Lal, were going from Shahpura to Kotdi on motor cycle bearing No. RJ-06 3M-6529. When they reached near village Rased at that time one jeep coming from front side in a very high speed dashed with the motor cycle as a result of that he, Nand Singh and Devi Lal received several injuries and Devi Lal succumbed to the injuries on the spot. On the basis of this statement, SHO, Police Station Kotdi registered a case as CR No. 72/2000 for offence under Sections 279, 337, and 304 A I.P.C. and started investigation. During investigation, witnesses disclosed the name of accused Jeewan Lal. It was further alleged that while he was driving the said jeep No. RJ-06-C- 3404 caused accident resulted into said injuries. It is revealed from the record that the investigation remained in different hands and ultimately the police, CID (C.B.) submitted the negative final report in the Court of Civil Judge (Jr.Division)- cum-Judicial Magistrate, Kotdi. Notice of final report was issued to the complainant petitioner and in pursuance of that notice complainant submitted protest petition against the final report. The learned Judicial Magistrate, Kotdi recorded the statements of complainant under Section 200 Cr.P.C. and the alleged eye-witness Jagdish under Section 202 Cr.P.C. thereafter vide order dated 10.10.2003 took cognizance against the accused non-petitioner No. 2 Jeewan Lal under Sections 279, 337, 338 and 304A I.P.C. and summoned him through bailable warrant.

(3.) The accused respondent, being aggrieved by the said order, preferred a revision petition before the learned Sessions Judge, Bhilwara, who transferred the same to the Court of Addl. Sessions Judge No. 1, Bhilwara and thereafter it was transferred to the Court of learned Special Judge SC/ST (Prevention of Atrocities) Cases, Bhilwara. The learned revisional Court allowed the revision and set aside the order of cognizance vide his order dated 13.9.2004. Being aggrieved by the aforesaid order passed by the learned Special Judge, Bhilwara, the complainant petitioner has preferred this revision petition. Notice of this revision petition was given to the respondents, record of the case was called and arguments were heard.