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2006 Supreme(Raj) 455

R.S.CHAUHAN
Rijwan – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. S.K. Gupta and Mr. Rajnish Gupta, for the Petitioner.
Mr. Arun Sharma, Public Prosecutor.

Judgment

R.S. Chauhan, J.-The petitioner has challenged the order dated 02.06.2005 whereby the Special Judge, SC/ST (Prevision of Atrocities) Court, Jaipur City, Jaipur has framed charge for offence under Sections 353, 332 and 308 IPC against the petitioner.

2. The brief facts of the case are that on 02.02.2005 when the petitioner was going on his motorcycle to his house near the Government Hospital he suddenly met with an accident with the Police Constable Satya Narain. Because of the said accident Satya Narain sustained an abrasion on his left elbow. But as the petitioner had collided with the Police Constable, the other police personnel who were standing near the Government Hospital, they all came over to the site of the accident and physically assaulted the petitioner. They also threatened the petitioner that in case he were to lodge any complaint against them, he would face dire consequences. In order to protect themselves the police constables lodged an FIR against the petitioners for offence under Section 308, IPC. Since the police was not willing to register a formal FIR against the police constable, the petitioner filed a complaint before the Chief Judicial Magistrate for








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