Research › Search › Judgment

Rajasthan High Court · body

2008 DIGILAW 2519 (RAJ)

Rameshwar Lal v. State of Rajasthan

2008-11-17

MANAK MOHTA

body2008
JUDGMENT 1. - Heard. This revision petition has been filed by the petitioner/complainant against the order of learned ADJ (Fast Track) No. 2 Hanumangarh-HQ-Nohar in Criminal Revision No. 189/2007 (67/2006, by which, the learned Judge has quashed the order dated 31.08.2006 passed by learned Magistrate, Rawatsar in Criminal Case No. 325/2006, by which, the learned Magistrate on protest petition has taken cognizance against the accused for the offence under Sec. 3(1)(x)of SC/ST (Prevention of Atrocities) Act and has issued non-bailable warrant. 2. The brief facts necessary for the disposal of this revision are that on 07.08.2005 complainant-petitioner filed a written report at P.S. Rawatsar alleging therein that he is the UP-Sarpanch of Gram Panchayat, Gandheli. On 05.08.2005 a meeting of the Gram Panchayat took place wherein some altercation took place between the complainant and the accused and during that process, the accused abused the complainant by caste. On this a case for the offence under Sec. 3(1)(x) of SC/ST Act was registered and the police started investigation. 3. After investigation, the police submitted Final Report in the matter, on which, a protest petition was filed for recording the statement of the complainant and his witnesses under Secs. 200-202 Cr.P.C. After recording of the statements, the learned Magistrate vide order dated 31.08.2006 found that prima facie offence under Sec. 3(1)(x) of SC/ST Act is made out and proceeded to take cognizance against the accused-Alamdeen and summoned him through non-bailable warrant. 4. Against the order of learned Magistrate dated 31.08.2006 the accused-respondent No. 2 filed revision petition before the learned Additional Sessions Judge (Fast Track) No.2, Hanumangarh, who vide order dated 27.07.2007 quashed the order taking cognizance and issuing process. Thus the complainant-petitioner being aggrieved by the order of the learned revisional Court has preferred the present revision before this Court. 5. The notice of the aforesaid revision was given to the accused-respondent No. 2 and the record of case was called. The arguments were at length. 6. During the courses of arguments learned counsel for the petitioner submitted that the learned Magistrate after giving due weightage to the statement of complainant and his witnesses and after taking into consideration the material submitted along with the police report, was right in passing the order taking cognizance. The arguments were at length. 6. During the courses of arguments learned counsel for the petitioner submitted that the learned Magistrate after giving due weightage to the statement of complainant and his witnesses and after taking into consideration the material submitted along with the police report, was right in passing the order taking cognizance. It was prayed that the revision petition may kindly be allowed and the order of the learned Sessions Judge be quashed and set aside and the order of the learned Magistrate may kindly be restored. 7. Learned counsel for the respondent refuted the contentions and submitted that the police authority after thorough investigation gave final report and in that situation without deeply considering the grounds given by the police for giving final report, the learned Magistrate could not have taken cognizance and should not have issued process. It was further urged that the learned Magistrate has issued non-bailable warrant. Thus, it was contended that the complainant has lodged a false case by applying pressure tactics on the police and has thus abused process of Court and it was rightly quashed by the learned Sessions Judge. The order of the learned revisional Court be maintained and the revision be disallowed. 8. I have considered the rival submission and have perused the impugned orders and the material available on record. The learned Magistrate while taking cognizance against the accused has considered the statements as well he has also considered the material supplied along with the final report and at the stage a detailed discussion of material was not required. The learned Sessions Judge mainly allowed the revision and has remanded the matter saying that the learned Magistrate has not discussed in detail the material placed by the police at the time of final report. 9. I have thoroughly considered the reasons assigned by the learned Magistrate but looking to the order of the learned revisional Court, the grounds assigned for quashing the order of Magistrate are not sustainable. 10. I have considered the authority produced from the respondent's side given in the case of Shankar Lal Soni & Ors. v. State of Rajasthan & Anr., WLC (Raj.) UC p. 514 but in this case as the learned Magistrate has taken into consideration the fact given in the final report, therefore, the judgment cited does not help their contention. 11. I have considered the authority produced from the respondent's side given in the case of Shankar Lal Soni & Ors. v. State of Rajasthan & Anr., WLC (Raj.) UC p. 514 but in this case as the learned Magistrate has taken into consideration the fact given in the final report, therefore, the judgment cited does not help their contention. 11. On the basis of the aforesaid discussion, the order passed by the learned revisional Court is liable to be quashed and set aside and the order of learned trial Court deserves to be restored. Thus, taking into consideration the totality of the facts, I deem it just and proper that the accused be summoned through a bailable warrant of Rs. 5000/- instead of being summoned through non-bailable warrant. 12. In the result, the revision petition is allowed. The order of the revisional Court is quashed and set aside and tha1 of the learned trial Court is restored. Further a direction is given that the accused be summoned through bailable warrant of Rs. 5000/-. The learned trial Court will give the date for the appearance of accused. No order as to costs.Revision Petition Allowed. *******