Asha Ram vs State of Rajasthan

N.N. Mathur, J.—This revision u/s 397/401 of the Code of Criminal Procedure, is directed against the order dated 15. 1.2004 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act cases, Merta framing charge against the petitioner for offence u/s 447 read with Section 120-B IPC and Section 3( 1 )(v) of the SC/ ST (Prevention of Atrocities) Act.

Briefly stated the facts of the case are that on 15.7.2003, a First Information Report was lodged by one Rajpal at Police Station Deedwana stating inter alia that he had purchased a field near Nimbi Kalian from one Gheesa Ram. He had cultivated bajara crop thereon. One Khiva Ram damaged the crop with a view to take possession over the land. On this complaint, a case has been registered against Khiva Ram and the petitioner for the offences noticed above.

3.I have heard learned counsel for the petitioner and perused the record. There is no evidence worth the name to connect the petitioner Asha Ram with the alleged crime. In the entire record there is single statement of Dayal Singh to the effect that there is involvement of Asha Ram in the case. The relevant part of the statement read as follows:-"in".

On the basis of said statement by no stretch of imagination he can neither be convicted for offence u/s 447 and Section 3(1)(v) of the SC/ST (Prevention of Atrocities) Act. Continuance of proceeding against Asha Ram is nothing but harassment. It is a fit case wherein order to prevent abuse of process of court, it is expedient to quash the proceedings against the petitioner.

Consequently, the revision petition is allowed. The impugned order date 15. 1.2004 framing charge against the petitioner for offence u/s 447 read with Section 120-B IPC and Section 3(1)(v) of the SC/ST (Prevention of Atrocities) Act is quashed and set aside.