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2013 Supreme(Raj) 1400

R.S.CHAUHAN
Vivek Arora – Appellant
Versus
Shyam Lal Malavat – Respondent


Advocates:
For the Petitioner:PC. Jain, Advocate.
For the Respondent: Javed Choudhary, Public Prosecutor for State.

JUDGMENT

1. - The petitioner Vivek Arora is aggrieved by order dated 5.7.2012 passed by learned Civil Judge & Judicial Magistrate (Jr. Div.), Nasirabad whereby the learned Magistrate has taken the cognizance against the petitioner for the offence under Section 323, 504, 354/149 IPC and for offence under Section 3(1 )(x) of SC/ST (Prevention of Atrocities) Act. The petitioner is also aggrieved by the order dated 7.2.2013 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Ajmer whereby the learned Judge has dismissed the revision petition filed by the petitioner and has upheld the cognizance order dated 5.7.2012.

2. The brief facts of the case are that while the petitioner was serving as S.D.M., Nasirabad on 23.6.2004, the complainant Shyam Lal Malavat and his wife, Ram Pyari Malavat (the Sarpanch), along with other persons, went to the petitioner's office in order to give him a representation with regard to the problem of water being faced by the villagers, and with regard to the illegal encroachment which have been made in the village. According to the petitioner, those persons not only entered his office but, also tried to tear the official files lying in the offi



























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