BABU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS case is a classic example of gross abuse of process of the Court as well as flagrant miscarriage of justice. The proceedings before the learned Magistrate concerned, for doing justice to the victim, had rather added to his miseries.

(2.) THE brief and relevant facts of this case are that an application was filed by the petitioner, under Section 156 (3), Cr. P. C, in the Court of learned Judicial Magistrate, chirawa, District Jhunjhunu praying that by passing an order under Section 156 (3), cr. P. C. direction be issued to the police to register a case at Police Station. Chirawa for the offence under Sections 379, 447/147 and 188, I. P. C. and Section 3 (V) (X) and section 4 of the SC/st Act.

(3.) THE petitioner had filed a report to the police with the averments that in the town of Chirawa, he had purchased a plot and was in possession of the same. The petitioner further averred that the said purchase was by way of an agreement executed on 11-7-2008 with one Chatar Singh son of Geegraj meghwal and thereafter he had got 20 trolleys of stones unloaded on it. On 25-1-2009 at about 8. 00 a. m. , the petitioner further averred in the report, non-petitioner Sher singh Jat with his 10-15 companions, started removing the stones, which were lying on the plot. As soon as the petitioner received the information, he went to the site and found that Sher Singh and his companions were removing the stones from his plot. Sher Singh, Suresh, Sampat, Ramavtar and anil herald abuses, sooner they saw the petitioner and his wife. Sher Singh, in particular, stated that being a policeman he is not afraid of taking possession of plots, which is his business and the police cannot do anything against him. Therefore, the petitioner requested the police that he is a poor scheduled caste person and Sher Singh wants to disposses him, whereas he has no concern with the plot in question. Accordingly, it was prayed that action, in accordance with law, be taken against the guilty persons.