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2023 DIGILAW 1390 (RAJ)

Anil Kumar S/o Sohan Kumar v. State

2023-07-18

FARJAND ALI

body2023
JUDGMENT : 1. The instant Criminal Appeals under Section 14-A(1) of the SC/ST (Prevention of Atrocities) Act have been preferred by the appellants against the order dated 10.01.2019 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Barmer whereby, the learned Special Judge took cognizance against them in connection with FIR No.353/2016 registered at the Police Station Kotwali District Barmer for the offences under Sections 447, 427, 323 of the IPC and under Section 3 (1)(X) of the SC/ST Act. 2. Heard learned counsel for the parties and perused the order impugned as well as the material available on record. 3. It is not in dispute that during investigation, the statements of the complainant Khangarmal and his witnesses were recorded wherein allegations against the appellants for committing trespass and using abusive language by indicating his caste were levelled. Thereafter, the learned Special Judge took cognizance of the offence aforesaid and issued process at the stage of taking cognizance. Hence, these appeals. 4. The probative value of defence is not required to be taken into account and no meticulous appreciation of evidence is required to be done by this Court. Taking cognizance means formal application of judicial mind to proceed further in the matter. The accused-appellants are at liberty to raise their objections before the trial Court at the time of hearing on the point of charge. 5. Considering the facts and circumstances of the case and after minutely going through the order impugned, I see no reason to interfere in the order taking cognizance dated 10.01.2019 passed by the learned Special Judge SC/ST Act Cases, Barmer. 6. Accordingly, there is no force in the Criminal Appeals, the same are hereby dismissed. 7. The stay petitions also stand dismissed.