This order dismisses a criminal miscellaneous petition challenging the rejection of a protest petition and acceptance of a negative final report by the Special SC/ST Court. The High Court found the order bereft of merit.
Criminal Miscellaneous Petition No. 1525/2021 dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 1525/2021
Om Prakash Meghwal S/o Late Shri Bhura Ram, Aged About 50 Years, R/o Ward No. 21, Lal Kuan, Near Gogamedi, Ratangarh, Tehsil Ratangarh, District Churu.
----Petitioner
Versus
District Churu.
----Respondents
For Petitioner(s) : Mr. S.K. Verma. For Respondent(s) : Mr. A.R.Choudhary, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
23/10/2021
The present Criminal Misc. petition has been filed against the order dated 14.12.2020 passed by learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Churu in F.R. No.45/2017 arising out of FIR No.106/2016 registered at Police Station Ratangarh District Churu for the offences under sections 323, 341/34, 504 of IPC and section 3 (1) (10) of SC/ST (Prevention of Atrocity) Act, whereby the protest petition filed by the petitioner has been rejected and negative Final Report filed by the police was accepted.
(2 of 2)
[CRLMP-1525/2021]
Learned counsel for the petitioner submits that despite statement of AW2 Kanhaiya Lal, the trial court has not believed his statement and rejected the protest petition filed by the petitioner. He further submits that there is a dispute between the petitioner and Vinod Kumar. The incident took place in the premises of the petitioner. However, the trial court rejected the protest petition filed by the petitioner.
I have considered the submissions made at the bar and gone through the order dated 14.12.2020.
Learned trial court specifically noted that the police after investigation did not find sufficient evidence to proceed against accused Vinod Kumar and therefore, rightly filed negative final report in the matter. The trial court also noted that since the petitioner and the accused both are neighbourers and are having strained relationship, therefore, an FIR was lodged in this regard.
On going through the order impugned, this court finds that there is an ongoing dispute between Kanhaiya Lal and Vinod Kumar. Om Prakash belongs to Scheduled caste community and is being used as a tool for moving the criminal machinery against Vinod Kumar. On chronological reading of evidence produced on record, this court finds that there is no infirmity in the order order dated 14.12.2020 passed by the trial court.
Accordingly, the present petition is dismissed being bereft of merit.
(VINIT KUMAR MATHUR),J
85-Anil Singh/-
1 issue framed by the court
Whether to interfere with the trial court acceptance of the police report and rejection of the protest petition under the SC/ST (Prevention of Atrocity) Act.
2 provisions across 2 enactments
Om Prakash Meghwal
State Of Rajasthan
Vinod Kumar
Suman
Gunjan
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
