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2007 Supreme(Raj) 2069

RAJASTHAN HIGH COURT AT JAIPUR BENCH
R.S.Chauhan, J.
G.B. Reddy & Ors. - Petitioners
Versus
State of Raj. & Anr. - Respondents
S.B. Cr. Misc. Petition No. 860 of 1998.
Decided On : 21-09-2007

Advocates:
For the Petitioner: Vivek R. Bajwa, B.K. Sharma, PP.
For the Complainant: Ratnu.

Headnote:

(a) Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 – S. 3 – Criminal Procedure Code, 1973 – S. 202(1) – Indian Penal Code, 1860 – S. 147, 341, 379, 362, 342, 504 and 149 – Wild Life (Protection) wiled like Act, 1972 – S. 27, 28, 30, 31, 32, 33, 55 – Motor Vehicles Act, 1988 – S. 74 and 75 – direct criminal complaint lodged before Special Court – special judge takes cognizance directing magistrate to conduct inquiry – held, special court cannot take cognizance until case committed by magistrate – requirement of Act unfulfilled by complainant – cognizance under Act held unsustainable – cognizance of non – penal offences that only empower competent authority undertaken by special judge – suggesting special functions – impugned orders passed illegally and without jurisdiction hence quashed – petition allowed.

       (b) Indian Penal Code, 1860 – S. 143, 186, 188, 228, 323, 353, 385 and 394 read with 120B and 504 – Criminal Procedure Code, 1973 – S. 197 and 310 – Complainant judicial officer carries local inspection of sanctuary with family after closing time and after his transfer orders – petitioner forest officers objected – complainant contends petitioner misbehaved – magistrate take cognizance against petitioners without sanction u/s.197 IPC – no local inspection allowed in dense forest during late evening or before night – mocks concept of investigation – petitioners doing public duty in stopping complainant – before prosecution of petitioner a concerned authority sanction necessary – cognizance passed without sanction – order impugned unsustainable – quashed – allowing petition.

       (c) Criminal Procedure Code, 1973 – S. 310 – Indian Penal Code, 1860 – S. 186, 228 and 353 – Complainant judicial officer visits national park with family in jeep late in evening – proved not on official duty – sec.186, 228 and 353 IPC not applicable.

JUDGMENT

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. 860/19981. 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.

4. Suddenly, on 19.3.1998, one Shri Banwari Nayak directly lodged a criminal complaint in the Court of Special Judge (SC/ST) presided by Mr. Jain According to the complaint on 18.3.1998, the complainant had gone, alongwith the two other friends, in a jeep, bearing registration No. RJ 25 P-0405, to the Ganesh Temple situated in the National Park. While he was returning from the temple, about 9:00 AM, the horn of his jeep got stuck and started blaring. Since the jeep was making a loud noise, an officer of the Forest Department, namely Gaffar, the petitioner No.7, stopped the jeep and mis-behaved with the complainant. When the complainant tried to explain the reason for the horn blaring itself, allegedly Gaffar addressed him with regard to his low caste status. Gaffar tried to pull him out of the jeep, but the complainant and his driver, Puni Ram Meena, managed to escape from Gaffar's clutches. The complainant further alleged that as he was coming down the hill, he was suddenly surrounded by officers of the Forest Department. The officer took the complainant and his friends to Jogi Mahal - a building situated within the National Park. At the Jogi Mahal, the petitioners verbally abused him and forced him to. sign on blank papers. They also addressed him with regard to his low caste status. He further claimed that the forest officers stole Rs. 300/- from him and about Rs. 1,000/- from his driver, Puni Ram Meena. The forest officers told the complainant that by blowing the horn, he was not only disturbing the wildlife, but also was sending signals to the poachers, who had become a menace in the National Park. Therefore, he was indulging in illegal activities in
























































































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