SHAILENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this criminal misc. petition under Section 482 Cr.P.C. challenge has been made to the order dated 21st July, 2000 passed by the Special Judge, SC/ST Cases, Sawai Madhopur in Criminal Revision No. 99/2000 (41/1999) whereby the revisional court has up-held the order dated 25.2.1999 passed by the Chief Judicial Magistrate, Sawai Madhopur in Criminal Case No. 102/1996 (Nanha Khan v. Shailendra and Ors.) by which the trial court framed charge against the petitioners for offence under Sections 147, 448, 323, 342 and 365 IPC.

(2.) For the disposal of the present misc. petition, the necessary facts are that non-petitioner Nanha Khan son of Habibullah submitted a complaint in the court of Chief Judicial Magistrate, Sawai Madhopur on 23rd February, 1996 against the petitioners and one Shri Ram Swaroop Bairwa against whom proceedings were dropped by the trial court vide order dated 20th April, 1998 with the averments that on 22nd February, 1996 at about 3-4 p.m. while he was cooking meat in a 'degchi' (utensil), at that time accused-petitioners along with other persons came in a canter and entered in his house without there being any permission and without there being any warrant of arrest they arrested the accused and seized the meat which was being cooked in the degchi. One of the petitioner Bharat Singh caused injuries by 'danda' on his hips and other petitioners also gave him beating and he was kept in custody for the whole night and ultimately was released on bail by the court on the next day. The learned trial court on the basis of above complaint took cognizance of the matter. After recording the statement of the complainant Nanha Khan under Section 200 Cr.P.C. and other witnesses under Section 202 Cr.P.C. framed charge against the petitioners under Sections 147, 448, 323, 342 and 365 IPC on 25th February, 1999. The petitioners feeling aggrieved against the order of framing charge, filed a revision petition which was decided by the learned Special Judge, SC/ST Cases, Sawai Madhopur on 21st July, 2000 holding therein that the order of framing charge was legal, just and proper and no protection was available to the accused-petitioners under Section 197 Cr.P.C. Hence, this petition has been filed.

(3.) I have heard learned Counsel for the petitioners, learned public prosecutor as well as the learned Counsel for the respondent-complainant.