Dismissed

Vicky @ Inderjeet v. State of Rajasthan

Rajasthan HC11 Dec 2023CRLAS/673/2023

Case brief

AI extract

What is this about?

This is a revision petition challenging the Special Judge's order dismissing a protest petition in an SC/ST case. The trial court accepted the police Final Report stating no case was made out. The High Court found no illegality or perversity in the order and dismissed the revision.

What did the court decide?

Revision petition dismissed; order dated 21.01.2023 of Special Judge remains unchanged.

Vicky @ Inderjeet Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2023)

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[2023:RJ-JD:42999]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal (Sb) No. 673/2023

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Vicky @ Inderjeet S/o Kanhaya Lal, Aged About 21 Years, R/o Ward No. 16, Gandhinagar, Hanumangarh Junction Tehsil And District Hanumangarh.

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----Appellant

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Appellant(s)	: Mr. D.L. Rawla
For Respondent(s)	: Mr. Mukesh Trivedi,PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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11/12/2023

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Instant revision petition has been filed by the appellant against the order dated 21.01.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities Act) Cases, Hanumangarh whereby the learned Judge dismissed the protest petition and accepted the FR filed by the police in FIR No. 628/2020.

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Brief facts of the case are that the appellant complainant filed an application before the learned Special Judge, SC/ST (Prevention of Atrocities Act) Cases, Hanumangarh against the accused respondents. The said complaint was sent to the concerned Police Station, Hanumangarh Junction and FIR was registered being FIR No. 628/2020 for offence under Sections 323, 143 IPC and Section 3(1)(s) of SC/ST (Prevention of Atrocities) Act.

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After investigation, submitted FR that no case is made out against the accused respondents. The appellant filed a protest

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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, Hanumangarh accepted the Final Report and rejected the protest petition vide order dated 21.01.2023.

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Counsel for the petitioner submits that without considering the material aspect of the matter, the trial court mechanically rejected the protest petition filed by the petitioner. 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 persons. It is argued that the petitioner has clearly stated that the accused respondents had beaten, threatened and humiliated the appellant using caste oriented language. Therefore, a prima facie case is made out against the accused. 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.

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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 called for any interference.

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Heard the learned counsel for the parties and perused the orders impugned so also the record.

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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 accused as the appellant failed to make out a prima facie case against the accused. Learned trial court after

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considering the Final report submitted by the police so also recording statements under Section 200 & 202 Cr.P.C, 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 orders dated 21.01.2023. Hence, this revision petition is hereby dismissed.

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(MANOJ KUMAR GARG),J

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97-BJSH/-

Vicky @ Inderjeet v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Vicky @ Inderjeet v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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