BALARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 7/3/2001 passed by the learned Sessions Judge, Jaisalmer by which the learned Sessions Judge rejected the application dated 15/12/2000 and 15/1/2001 filed by the complainant petitioner for taking cognizance against the respondent No.2 Kanwar Raj Singh and P.W.3 Parbat Singh for offence under Section 3(1)(x) of the SC and ST (Prevention of Atrocities) Act. 1989 (hereinafter referred to as the Act of 1989). It arises in the following circumstances.

(2.) In the court of Sessions Judge, the petitioner-complainant moved two applications stating that since in the FIR names of accused respondents No. 2 and 3 are mentioned. but police for the reasons best known to it did not file challan against them thereforeT cognizance be taken against respondents No. 2 and 3 also.

(3.) The learned Sessions Judge, Jaisalmer rejected both these applications on the ground that since process of recording evidence was not started therefore there was no power with him to take cognizance against the respondents No.2 and 3 at that stage and thus both the applications were rejected by the learned Sessions Judge.