- (1.) Petitioner has preferred this Criminal Misc. Petition aggrieved by order dated 17.08.2015 passed by learned Special Judge SC/ST (Prevention of Atrocity) Cases, Alwar whereby, Revision Petition filed by the petitioner was dismissed and order dated 15.04.2015 passed by learned Judicial Magistrate No.2, Alwar whereby, he took cognizance against the petitioner for offence under Sections 341, 323 and 392 of IPC was confirmed.
(2.) It is contended by learned counsel for the petitioner that petitioner was entitled to protection under Section 197 of Cr.P.C. It is contended that complainant had concealed the material fact which would have come on record only if the complaint was sent under Section 202 Cr.P.C. to the Police for investigation.
(3.) It is contended that numerous complaints have been filed against the Public servant and High Court in Rajendra Kumar vs. State of Rajasthan And Ors., 2013 (3) Cri.L.R. (Raj.) 1419 has issued direction to all the Courts to the effect that whenever any complaint is received by the Court under Section 190 (1)(a) Cr.P.C. against public servant wherein the allegations give rise to a reasonable belief that the same may have been filed in relation to an act committed by the public servant in the discharge/ purported discharge of official duty, the Court shall generally resort to an inquiry/ investigation by the Police under Section 202 Cr.P.C. before proceeding further in the matter.;