RAMSWAROOP MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioners have preferred these Criminal Misc. Petitions No. 2711/2019 and 2710/2019 aggrieved by order dated 02.05.2012 passed by Additional Sessions Judge, Dholpur in Criminal Revision No.26/2011, whereby revision petition filed by the petitioners against the order dated 24.05.2008 passed by Additional Chief Judicial Magistrate, Bari, District Dholpur was dismissed and against the order dated 28.05.2014, whereby objections filed by the petitioners was rejected and against the order dated 05.12.2018 passed by Special Judge, SC/ST (Prevention of Atrocities) Cases, Dholpur, whereby he confirmed the order dated 28.05.2014 passed by learned Magistrate.

(2.) It is contended by counsel for the petitioners that an FIR No.60/1998 was registered at Police Station Sarmaathura, District Dholpur on 02.04.1998 for the offences under Sections 218 and 120-B of IPC. Initially, Magistrate dropped the charge-sheet as the same was filed beyond limitation. State and Ramprakash filed revisions before the Sessions Judge which was allowed and the matter was remanded back to the trial court to pass fresh orders. Learned Magistrate vide order dated 24.05.2018 has extended the period for taking cognizance under Section 473 of Cr.P.C. and has taken cognizance against the petitioners. Revision petition preferred against the said order stands dismissed by Additional Sessions Judge, Dholpur vide order dated 02.05.2012. A misc. petition was preferred before the High Court. High Court disposed of the petition and gave liberty to the petitioners to file objections before the court below. The said objections were also dismissed by the court below and revision preferred against the said order also stands dismissed.

(3.) It is also contended that the allegations in the FIR is that Munna as entered in the outdoor patient Register was changed from Munna to Manoj. It is contended that a departmental enquiry was initiated, wherein it was revealed that Male Nurse (Grade-II), who is petitioner No.3 in misc. petition No.2711/2019 had wrongly entered the name of Munna and when he was informed by the attendant that the name of patient is Manoj, he corrected the name at the same time. It is contended that from the report obtained from hand writing expert, it is revealed that the correction was done by Male Nurse Omprakash himself.