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2013 Supreme(Raj) 375

RAJASTHAN HIGH COURT
Jaipur Bench
Kishan Lal Meena Vs. Joga Ram & Ors. (Sharma, J.)
HON'BLE MAHESH CHANDRA SHARMA, J.
Kishan Lal Meena
Versus
Joga Ram & Ors.
S.B. Criminal Revision Petition No. 733 of 2013, decided on 16.12.2013

Advocates Appeared
S.R. Surana, Sr. Advocate with A.K. Bhargawa, for Petitioner;
Peeyush Kumar, Public Prosecutor

Headnote:Cr.P.C., 1973, Sec. 397 read with Sec. 401 — Revision petition — Filed PIL against illegal mining of Bajari — Court passed stay order — Collector, S.P., S.D.O. threatened to withdraw the PIL — Filed contempt petition against them — Court below dismissed the complaint — Held — Discrepancies in the statements of witnesses — No material on record to connect the non-petitioners with the allegations leveled against them — They are responsible officers of the State — Complainant failed to produce any injury report — Complaint rejected with reasoned order — No miscarriage of justice — Calls for no interference in revisional jurisdiction. (Paras 10, 11)

       Revision petition dismissed.

        na-iz-la-] 1973] /kkjk 397 lifBr /kkjk 401 & iqujh{k.k ;kfpdk & ctjh ds voS/k [kuu ds fo:) tufgr ;kfpdk nk;j dh & U;k;ky; us LFkxu vkns'k ikfjr fd;k & dysDVj] iqfyl v/kh{kd] mi[k.M vf/kdkjh us tufgr ;kfpdk okil ysus dh /kedh nh & muds fo:) voekuuk ;kfpdk nk;j dh & fuEu U;k;ky; us ifjokn [kkfjt fd;k & vfHkfu/kkZfjr & lk{khx.k ds c;kuksa esa QdZ & vizkFkhZx.k ds fo:) yxk;s x;s vkjksiksa ls mUgsa tksM+us gsrq vfHkys[k ij dksbZ lkexzh ugha & os ljdkj ds ftEesnkj vf/kdkjh gS & ifjoknh fdlh Hkh izdkj dh pksV@?kko lEcU/kh fjiksVZ is'k djus esa foQy jgk & ldkj.k vkns'k ls ifjokn fujLr fd;k & U;k; dh gkfu ugha & iqujh{k.kh; vf/kdkfjrk esa gLr{ksi okaNuh; ughaA ¼in la- 10] 11½

       iqujh{k.k ;kfpdk [kkfjt dhA

       

Hon'ble SHARMA, J.—This revision petition has been filed by the petitioner Kishan Lal against the order dated 23.7.2013 of Additional Chief Judicial Magistrate, Khetri in complaint No.26/2012, whereby the trial Court dismissed the complaint filed by the complainant-petitioner.

2. Brief facts giving rise to this revision petition are that one D.B. PIL Petition No.8221/2011 was filed in which Roshan Lal, Sushila Devi, Sardari, Dhapli Devi Badami Devi and Kailash were the parties. On account of illegal mining of Bajri, the PIL petition was filed. In this Public Interest Litigation, the Court passed stay on 5.7.2011 in favour of the petitioners therein. Thereafter on 24.9.2011 the Court recorded the order of displeasure in respect of conduct of accused Joga Ram. Inspite of he order passed by the High Court Collector hand in glove with Abu Bakar, the then SDO, Khetri and other police officials, started region of terror on the petitioner and other family members and threatening was given that thy are required to withdraw the public interest litigation. Thereafter contempt petition No.546 of 2012 was filed on 5.5.2012 by Roshan Lal for compliance of the order dated 5.7.2011. The notices were issued by the Division Bench on 17.5.2012. On 1.6.2012 notice was received by the Collector, who was contemner respondent No.4. He himself received the notice and informed Abu Bakar, who was contemner respondent No.5 that contempt petition has been filed. The notice has also been served on Abu Bakar on 6.6.2012. With malafide intention and oblique motive/ill will, the plan was made along with the Superintendent of Police and other police officials to throw out the petitioner and other family members. On 8.6.2012 at about 1.30 p.m. Abu Bakar SDO Khetri in connivance with Collector made attack at the house of petitioner and others for the purpose of humiliating them before the public. At about 7.30 pm. again attack was made by SDO and four SHOs along with other police officials with the connivance of Collector, they were abusive in respect of SC/ST and beating was given. Dhapli Devi received serious injury on neck. She remained admitted as Indoor patient and further more in view of humiliating in public, abuse was given to ladies and they were humiliated and one girl Komal, aged about 12 years was kidnapped for the purpose of selling and thereafter she was let it out. On 13.5.2012 the complainant filed a complaint in the Court of Judicial Magistrate, Khetri, against the then Collector Joga Ram, the then SDO Abu Bakar, along with four SHO of Khetri and other persons. On 14.6.2012 the Court below passed order in the complaint directing the complainant and his witnesses to remain present before the Court on 16.6.2012. On 16.6.2012 and 30.6.2012 statements of complainant and his material witnesses including victim were recorded under Section 200 Cr.P.C. After hearing the arguments the Court below passed order on 30.6.2012 and sent the matter under Section 202 Cr.P.C. to SP Jhunjhunu. Thereafter the matter was transferred to Additional SP Jhunjhunu for investigation. The statements of complainant and his witnesses including victim were recorded by Additional SP under Section 202 Cr.P.C. The Additional SP also prepared the site plan on 24.7.2012. The petitioner submitted following authorities in this case:

(1) 2012(1) Cr. Court Cases 492 (SC) Dr. Mrs. Nupur Talwar vs. CBI Delhi = 2012(1) RLW 584 (SC)

(2) (2010) 7 SCC 578 Shivji Singh vs. Nagendra Tiwari and others

(3) (1997) 2 SCC 397 Rashmi Kumar (Smt.) vs. Mahesh Kumar

(4) 2009 Cr.L.R. (SC) 414 = 2010(2) RLW 1626 (SC) Raj Kumar Khurana vs. State of NCT Delhi and others R. Prasanna and others

(5) AIR 1990 SC 494 Mrs. Dhan Laxmi vs. R. Prasanna and others

(6) (2012) 8 SCC 795 Vilas Padndurang and others vs. State of Maharashtra and others

(7) 2012(1) Cr.L.R. (Raj.) 262 Mohd. Ayub vs. State of Raj. and ors.

(8) 2011(3) RCRD 550 (Raj.) Mohd. Ayub vs. State of Raj. and others

(9) (2005) 6 SCC 161 Kanwar Pal Singh vs




























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