BHARAT SINGH BECHAIN Vs. ASHOK KUMAR
LAWS(MPH)-2018-11-123
HIGH COURT OF MADHYA PRADESH (AT: GWALIOR)
Decided on November 27,2018

Bharat Singh Bechain Appellant
VERSUS
ASHOK KUMAR Respondents

JUDGEMENT

RAJENDRA KUMAR SRIVASTAVA, J. - (1.) Petitioner has filed this petition under Section 482 of Cr.P.C. to set-aside the order dated 08/03/2017 passed by II Additional Sessions Judge, Chhindwara in Criminal Revision No. 21/2016 by which he affirmed the order dated 03/11/2015 passed by Judicial Magistrate First Class, Chhindwara in Complaint Case No. 3561/2015 whereby JMFC has refused to take cognizance under Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act and Section 506 of IPC.
(2.) Facts of the case in short is that on 01/05/2012 at about 2 O'clock the petitioner-complainant along with his colleague . press reporter went to the office of respondent no. 1 for receiving map and information of forest Range Bataka Khapa & Harrai. Respondent No. 1 was Divisional Forest Officer. The clerk of the office suggested this petitioner/complainant that he should contact to respondent no.1. Then petitioner/ complainant sent his visiting card to respondent no. 1 upon which respondent no. 1 came out from his cabin. Petitioner/complainant told him that he want to talk for few minutes, upon this respondent no. 1 started to abuse him using filthy language and said "I give you map now" and started beating him by fists & legs on face, back, on arm ribs and assaulted and kicked with his shoes and pressed his chest by his feet etc. The petitioner/ complainant cried to save himself. Office Member Forest Department and other persons came there and save the petitioner/ complainant. Petitioner/ complainant went to the police station and lodged report. He was sent for medical where his treatment was done and simple injuries were sustained by petitioner/ complainant on his body. Police registered offence punishable under Section 323 of IPC. Then petitioner/ complainant has filed complaint before the JMFC, Chhindwara for offence punishable under Section 323, 506 and 294 of IPC & Section 3 (1)(x) of SC/ST (Prevention of Atrocities) Act but the JMFC, Chhindwara refused to take cognizance under Section 3 (1)(x) of SC/ST (Prevention of . Atrocities) Act and Section 506 of IPC. Then the petitioner/ complainant filed revision against the order dated 03/11/2015 passed by learned JMFC, Chhindwara. Learned revisional court affirmed the order of JMFC and dismissed the revision.
(3.) It is submitted by the petitioner/ complainant that he is the member of Scheduled Caste he produced caste certificate in this regard. Respondent no. 1 insulted and abused him on account of his caste but learned JMFC and learned revisional court overlooked the caste certificate and material in this regard. Learned courts below have failed to consider the caste certificate of petitioner/ complainant. Petitioner/ complainant has filed affidavit to remove all doubts about his caste but learned Courts below refused to take cognizance under Section 3 (1)(x) of SC/ST (Prevention of Atrocities) Act and Section 506 of IPC, so the orders passed by learned courts below be set- aside.;


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