Dismissed

Mahaveer v. State of Rajasthan and Ors.

Rajasthan HC31 Jan 2017CRLMP/5153/2014

Case brief

AI extract

What is this about?

This criminal miscellaneous petition challenged the dismissal of a complaint alleging assault by police personnel. The High Court upheld the trial Court's order, noting inconsistencies in the petitioner's story regarding time of incident versus medical examination and delays rendering the case doubtful. The petition was dismissed.

What did the court decide?

The complaint challenging the dismissal of petitioner's criminal complaint was dismissed with no ground for interference.

Mahaveer Vs State of Rajasthan and Ors. — Service and Employment | Rajasthan HC (2017)

¶1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. CRIMINAL MISCELLANEOUS PETITION NO. 5153/ 2014

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Mahaveer, Son of Shri Heera Lal, by caste Kahar, Resident of Jhaliji Ka Barana, Police Station Gendoli, District Bundi (Raj.)

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Versus

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State of Rajasthan Through P.P.

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Raghuveer Singh, S.H.O. Police Station Gendoli, District Bundi (Raj.)

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Chhotulal, Police Constable, Police Station Gendoli, District Bundi (Raj.)

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Ram Prasad, Police Constable

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Ramdeva, Police Constable

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Rajesh, Police Constable,

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All posted at Police Chowki Jhaliji Ka Barana, Police Station Gendoli, District Bundi (Raj.)

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Babulal, Son of Shri Chhitar Lal, by caste Kahar, Resident of Jhaliji Ka Barana, District Bundi (Raj.)

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For Petitioner : Mr. Arvind Bhardwaj For Respondents : Mr. R.R. Baisla-P.P.

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HON'BLE MRS. JUSTICE SABINA

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Order

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31/01/2017

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Petitioner has filed this petition under Section 482

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Code of Criminal Procedure, 1973 challenging the order dated 14.11.2014, whereby complaint filed by the petitioner was dismissed.

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(2 of 3)

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Learned counsel for the petitioner has submitted that the petitioner was inflicted injuries by the accused. Petitioner was medically examined. Hence, the trial Court has erred in dismissing the complaint filed by the petitioner.

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Petitioner had filed complaint against respondent No. 2 to 7 under Section 323, 342, 504, 120-B & 166 Indian Penal Code, 1860. Case of the petitioner was that on 17.12.2012 at about 12.00 noon, petitioner was present in front of his house. Petitioner was called to the police station. Petitioner alongwith his relatives went to the police station where the petitioner was abused by the accused and was given beatings. Petitioner got himself medically examined on 18.12.2012.

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Learned trial Court while dismissing the complaint has considered that proceedings under Section 107 & 151 Code of Criminal Procedure, 1973 had been initiated against the petitioner on the allegation that he had abused and given beatings to respondent No. 7 Babu Lal. Petitioner had also admitted that he had appeared in the proceedings under Section 107 & 151 Code of Criminal Procedure, 1973 on 17.12.2012. It has further been noticed by the learned trial Court that so far as accused Ram Dev and Rajesh are concerned, they had gone to the police

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(3 of 3)

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station at 7.00 p.m. on 17.12.2012, whereas the occurrence had allegedly taken place at noon time. The learned trail Court came to the conclusion that the story putforth by the petitioner was doubtful.

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Occurrence in the present case had taken place on 17.12.2012 at about noon time, whereas the petitioner got himself medically examined on 18.12.2012 at 5.45 p.m. Two bruises were found on the wrist and back of the petitioner, whereas, the other injuries were with regard to complaint of pain. The delay in medical examination of the petitioner also renders his case doubtful. In the facts and circumstances of the present case, the learned trial Court had rightly dismissed the complaint filed by the petitioner. No ground for interference is made out.

¶27

Dismissed.

¶28

(SABINA)J.

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Sudha/60

Mahaveer v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

Mahaveer v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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