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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI, J.
Anil Kumar S/o Sohan Kumar – Appellant
Versus
State – Respondent
S.B. Criminal Appeal No. 61 of 2020
Decided on : 18-07-2023
SC/ST (Prevention of Atrocities) Act - Section 14-A(1), 3 (1)(X) - Indian Penal Code, 1860 - Sections 447, 427, 323 - Offence of criminal trespass - Appellants for committing trespass and using abusive language by indicating his caste were levelled - Held, probative value of defence is not required to be taken into account and no meticulous appreciation of evidence is required to be done by Court - Taking cognizance means formal application of judicial mind to proceed further in matter - The accused-appellants are at liberty to raise their objections before trial Court at time of hearing on point of charge - Considering facts and circumstances of case and after minutely going through order impugned, see no reason to interfere in order taking cognizance passed by Special Judge SC/ST Act Cases - Petitions dismissed.
JUDGMENT :
1. The instant Criminal Appeals under Section 14-A(1) of the SC/ST (Prevention of Atrocities) Act have been preferred by the appellants against the order dated 10.01.2019 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Barmer whereby, the learned Special Judge took cognizance against them in connection with FIR No.353/2016 registered at the Police Station Kotwali District Barmer for the offences under Sections 447, 427, 323 of the IPC and under Section 3 (1)(X) of the SC/ST Act.
2. Heard learned counsel for the parties and perused the order impugned as well as the material available on record.
3. It is not in dispute that during investigation, the statements of the complainant Khangarmal and his witnesses were recorded wherein allegations against the appellants for committing trespass and using abusive language by indicating his caste were levelled. Thereafter, the learned Special Judge took cognizance of the offence aforesaid and issued process at the stage of taking cognizance. Hence, these appeals.
4. The probative value of defence is not required to be taken into account and no meticulous appreciation of evidence is required to be done by this Court. Taking cognizance means formal application of judicial mind to proceed further in the matter. The accused-appellants are at liberty to raise their objections before the trial Court at the time of hearing on the point of charge.
5. Considering the facts and circumstances of the case and after minutely going through the order impugned, I see no reason to interfere in the order taking cognizance dated 10.01.2019 passed by the learned Special Judge SC/ST Act Cases, Barmer.
6. Accordingly, there is no force in the Criminal Appeals, the same are hereby dismissed.
7. The stay petitions also stand dismissed.
At the stage of framing of charges, the court is not required to conduct a meticulous appreciation of evidence, and the impugned order must not suffer from any legal infirmity to warrant interference....
The order of taking cognizance of offences and charge-sheet on a printed proforma without the application of judicial mind is illegal and liable to be quashed.
Cognizance under the SC/ST Act was quashed as the allegations arose from a land dispute, not atrocities as defined by the Act, while the cognizance for IPC offences was upheld based on prima facie ev....
The SC/ST Act should not be invoked for civil disputes, and criminal proceedings must not be misused for personal vendettas.
The main legal point established is that the court will uphold the acceptance of a Final Report and rejection of a protest petition if no prima facie case is made out against the accused based on tho....
The necessity for the trial court to apply a reasoned speaking order and show reasonable belief before putting the accused for trial under Section 3(1)(x) of the SC/ST Act.
The necessity of independent and impartial witnesses in cases under the SC/ST (Prevention of Atrocities) Act to substantiate claims of public humiliation and intimidation.
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