Sunil Kumar Garg. J. - (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. (i) That the petitioner filed a FIR with the Police Station, Jaisalmer on 21/6/2000 and in that FIR, after investigation, police submitted challan against four persons namely Rewant Singh. Nathu Singh. Swaroop Singh and Rughnath Singh for offence under Sections 447, 323 and 427 I.P.C. and for offence under Section 3(1)(x) of the Act of 1989). The challan was filed in the court of CJM. Jaisalmar from where the case was committed to the court of Special Judge. SC and ST (Prevention of Atrocities) Act Cases. Jaisalmer (Sessions Judge, Jaisalmer).
(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.;