KARTAR SINGH Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) By this criminal revision petition u/s. 397, r/w Sec. 401. Crimial P.C. the petitioner-complainant has challenged the order of the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Churu dated 5.7.2000 in Case No. 11/99 whereby the learned Special Judge held that the case is not triable. by the Special Court and thus sent the matter to the Addl. Chief Judicial Magistrate, Ratangarh u/s. 228(1) Crimial P.C.

(2.) I have heard learned counsel for the parties and perused the order impugned.

(3.) The SHO, P.S. Ratangarh after investigation filed charge-sheet against non-petitioners No. 2 to 4 for offence punishable u/,s. 182, 193 & 177, Penal Code r/w Sec. 3(1)(ix) of the SC/ST (Prevention of Atrocities) Act, 1989 before the Addl. Chief Judicial Magistrate, Ratangarh. The learned Magistrate committed the case to the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Churu. In the charge-sheet, it is mentioned in clear terms that complainant-Kartar Singh S/o Chunnilal, b/c Chamar, r/o Devnagar, Sonipat lodged the first infor- mation report wherein the caste of the complainant is shown to be Chamar. Learned counsel for the petitioner has shown me a certificate issued by the office of the Sub-Divisional Officer (C), Sonepat wherein Pradeep Kumar S/o Kartar Singh is shown to be a member of Scheduled Caste. Learned counsel for non-petitioners No. 2 to 4 does not dispute the caste of the petitioner. The caste 'Chamar' has been notified in the list of Scheduled Caste categories.