Special Criminal Appeal against dismissal of a protest petition in an S.C./S.T. case. The High Court held that the trial court correctly accepted the police Final Report stating no prima facie case was made out, finding no illegality or perversity in the impugned order.
No relief granted to the appellant; the dismissal of the protest petition was upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Appeal (Sb) No. 514/2023
Jaisa Ram S/o Rama Ram, Aged About 25 Years, B/c Meghwal, R/o Village Khejadiyali, Panchayat Jhak, District Barmer, Rajasthan.
----Appellant
Versus
----Respondents
| For Appellant(s) | : Mr. |
VLS Rajpurohit |
|---|---|---|
| For Respondent(s) | : Mr. Mr. |
Gaurav Singh, PP U.S. Gehlot |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
02/12/2023
Instant criminal appeal has been filed by the appellant against the order dated 05.01.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities Act) Cases, Barmer whereby the learned Judge dismissed the protest petition and accepted the FR filed by the police in FIR No. 11/2022.
Brief facts of the case are that the appellant complainant lodged a written report before the Police Station Gida, Barmer stating therein that on 11.01.2022 when he was going on his tractor carrying water tank, at that time the accused persons stopped his tractor and obstructed his way and thereafter started
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beating him while threatening and abusing him using caste oriented language.
The police registered the case being FIR No. 11/2022 and after investigation, submitted FR that no case is made out against the accused respondents. The appellant filed a protest petition before the learned trial court. After considering the evidence collected during investigation and recording statement of witnesses, the court of learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Barmer accepted the Final Report and rejected the protest petition vide order dated 05.01.2023.
Counsel for the appellant submits that without considering the material aspect of the matter, the trial court mechanically rejected the protest petition filed by the appellant. It is argued that on the basis of statement of the complainant and witnesses recorded, a prima facie case is clearly made out against the accused respondent. It is argued that the petitioner has clearly stated that the accused respondents had beaten and humiliated the appellant using caste oriented language. Therefore, a prima facie case is made out against the accused respondents. It is argued that the investigating officer has not investigated the matter in correct perspective and therefore, it is prayed that the matter may be remanded back to the trial court for passing a fresh order in accordance with law.
Learned Public Prosecutor supported the impugned order and submitted that the trial court has discussed each and every aspect of the matter and have rightly rejected the protest petition, which does not call for any interference.
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Heard the learned counsel for the parties and perused the orders impugned so also the record.
It is not disputed that after thorough investigation, the police submitted a final report to the effect that no case is made out against the respondents as the appellant failed to make out a prima facie case against the respondents. Learned trial court after considering the Final report submitted by the police, rejected the protest petition on the said ground by way of a detailed order. In the opinion of this Court, no plausible ground exists for disbelieving the negative Final report filed by the police after thorough investigation. Learned court below after considering the entire material on record, has accepted the Final report filed by the police. There is no illegality or perversity in the impugned order dated 05.01.2023. Hence, this appeal is hereby dismissed.
Record of the trial court be sent back forthwith.
(MANOJ KUMAR GARG),J
13-BJSH/-
1 issue framed by the court
Whether the High Court should interfere with the trial court's rejection of the protest petition in an S.C./S.T. case where the Final Report states no case is made out.
Jaisa Ram S/o Rama Ram
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
