- (1.) These town petitions are inter-related in the factual matrix. Therefore, they are being deciding by this common judgment. However, as the orders challenged in these two petitions are different, the cases will be dealt with separately within this common judgment. S.B. Criminal Misc. Petition No. 860/1998 1. The town of Sawai Madhopur in Rajasthan has the Ranthambore National Park, which is famous world wide as a tiger sanctuary. The National Park, at times, gives rise to differences, controversies and even feuds between the officers of the Forest Department and the judicial officers posted at Sawai Madhopur. Both these cases are outcome of the ego hassles between the two branches, the Executive and the Judiciary. To say the least, this unfortunate incident should have never occurred between the two branches. For, the two branches are supposed to uphold the law and not to abuse the process of law or of the Court in order to settle personal scores.
(2.) The petitioners, who are the officers of the Forest Department have challenged the order dated 21.5.1998 passed by the Special Judge (SC/ST - Prevention of Atrocities Cases), Sawai Madhopur, whereby the Special Judge has taken cognizance for offence punishable under Section 3 of SC/ST Prevention of Atrocities Act, 1989, ('the SC/ST Act' for short), under Sections 147, 341, 379, 363, 342, 504/149 of Indian Penal Code ('The IPC' for short), under Sections 27, 28, 30, 31, 32 & 33 of the Wildlife (Protection) Act, 1972 ('the Wildlife Act', for short) and for offence under Sections 74 and 75 of the Motor Vehicles Act, 1994 (sic '1988'?) ('the MV Act', for short).
(3.) According to the petitioners, since they are forest officers, they are legally bound to protect the wildlife existing in the National Park, they are equally bound to follow the rule sand regulations prescribed for the wildlife. However, the then presiding Judge of the Special Judge (SC/ST - Prevention of Atrocities Cases), Sawai Madhopur, Mr. Ajay Kumar Jain, made unreasonable demands upon the petitioners about taking his guests into the National Park and for other favours. Since these demands were legally unjustified, the petitioners were unable to fulfil the same. Therefore, a certain animosity developed between the presiding officer, Mr. Jain and the petitioners.;