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1993 Supreme(Raj) 251

RAJESH BALIA
Kedar Nath – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
M.M. Singhvi, Sr. Advocate with K.R. Bishnoi, for petitioners Lalit Kawadia, Public Prosecutor.

Honble RAJESH BALIA, J.—The petition raises a short point.

2. A written complaint was lodged by one Asha Ram Bhil in the Court of Chief Judicial Magistrate, Jaisalmer alleging that the petitioners have committed offences under sections 147, 148, 149, 427, 452, 300, 354, 504, 506 I.P.C. and Sec. 323 I.P.C. read with S.34 I.P.C. and under S.3 (x) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short hereinafter to be referred as the Act of 1989) on January 19,1993. On the receipt of the complaint, the Chief Judicial Magistrate ordered as under :

^^19-1-1993 izLrqrdrkZ ifjoknh Jh vkkkjke e; odhy Jh vkj-,l- esgrk mifLFkrA mUgksaus ;g bLrxklk isk fd;kA ewy bLrxklk vUrxZr /kkjk 156 ¼3½ lh-vkj-ih-lh-] esa ,l-,p-vks- tSlyesj dks izsf"kr dj vknsk fn;k tkrk gS fd bLrxklk ds lEcU/k esa eqdnek ntZ dj vuqla/kku dj urhtk U;k;ky; gktk esa kh?kz isk djsaA

3. It is this order directing investigation by the Police made by the Chief Judicial Magistrate, Jaisalmer, that has been challenged.

4. The petitioners case is that the offences under the Act of 1989 are exclusively triable by a Court of Sessions notified as Special Court under S. 14 of the Act of 1989. S.





















































































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