JUDGMENT :

1. By way of filing the instant criminal appeal under Section 14-A(1) of SC/ST Act, the appellant has challenged the order dated 05.07.2023 passed by learned Special Judge, SC/ST Act, Barmer, Rajasthan whereby the final report submitted by PS Chohtan was rejected; the protest petition filed by respondent No. 2 was accepted; cognizance was taken against the appellant for offences under Sections 341 & 323 of IPC and Sections 3(1)(r)(s) & Section 3(2)(va) of the SC/ST (Prevention of Atrocities) Act; the case was registered and process was issued against the appellant.

2. The brief facts of the case are that the complainant of the matter pending before the learned Special Judge, who is respondent No. 2 herein, had gone to Police Station, Chohtan along with her husband Raimal Ram to inquire regarding the complaint sent by the Collector to the Police Station on 28.05.2022. Upon such inquiry, Bhuta Ram, who was the then SHO of PS Chohtan and is the appellant herein got annoyed and acting upon the feeling of agitation, he gave an antagonizing and insolent reply to the couple. The husband of respondent No. 2 said that he was a retired army officer and asked him not to use inappropriate words upon which he got angrier and started hurling profanities at the husband, including caste-based expletives as well as began to hit him. When the wife tried to intervene to break the tension, the appellant herein pushed her to the floor and her clothes also got disordered.

3. Aggrieved by the humiliation, intimidation and maltreatment meted out to her husband as well as vexed by outraging of her modesty, the complainant submitted a report about what transpired between the SHO and her husband & herself to the Superintendent of Police, Barmer on 13.06.2022 but no action was taken in furtherance of the same. She also made a request to the SP, Barmer for getting her husband and herself medically examined on 16.06.2022 but nothing was done in pursuance thereof too. This inaction drove her to submit a complaint on 21.06.2022 before the Special Judge, SC/ST Act, Barmer. The complaint was forwarded by the learned Special Judge for investigation under Section 156(3) of CrPC. The officer in-charge, Police Station Chohtan, District Barmer registered FIR No. 185/2022 on 04.07.2022 for offences under Sections 323, 341, 354, 354B, 166 IPC and Sections 3(1)(s) and 3(1)(r) of SC/ST Act, 1989. After conducting investigation, a negative final report was submitted stating that after complete investigation, it was found that the commission of offences under Sections 323, 341, 354, 354B, 166 IPC and Sections 3(1)(s) and 3(1)(r) of SC/ST Act did not take place and that a false case had been lodged. The complainant/respondent No. 2 was dissatisfied with the result of the investigation and filed a protest petition before the learned Special Judge and got her husband and herself examined under Sections 200-202 CrPC. The trial court did not accept the final report and took cognizance under Sections 341 & 323 IPC and Section 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST Act against the appellant and issued process against him vide order dated 05.07.2023.

4. Aggrieved by the order dated 05.07.2023, the present appeal has been preferred by the appellant.

5. Learned counsel for the appellant submits that the learned trial court committed gross irregularity and patent illegality in passing the impugned order whereby cognizance was taken and process was issued against the appellant as he had nothing to do with the incident that happened with the aged couple. The negative final report submitted by the agency revealed that the FIR was totally false and no such incident had taken place as alleged. Respondent No. 2 submitted a false report because she wanted to put pressure on the appellant as he was dealing with the complaint sent by the Collector on 28.05.2022 which she had come to enquire about.

6. Learned counsel further submits that the learned trial judge has exercised his jud