Special Criminal Miscellaneous petition challenging dismissal of criminal complaint under Prevention of Atrocities Act. Court found no illegality or perversity in lower courts' orders and dismissed the petition.
The miscellaneous petition was dismissed; no fresh order was directed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 111/2017
Gautam Ahuja S/o Shri Manohar Lal, Chak 51 N.g.c., Aguja Farm House, Sangariya Road, Hanumangarh Junction, Tehsil And Distt. Hanumangarh.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. R.C. Joshi For Respondent(s) : Mr. Vikram Sharma, PP Mr. D.L. Rawla, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
12/04/2023
Instant misc. petition has been filed against the order dated 25.11.2016 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Hanumangarh whereby the learned Judge dismissed the revision petition and affirmed the order dated 23.06.2016 passed by Chief Judicial Magistrate, Hanumangarh dismissing the criminal complaint of the petitioner.
Brief facts of the case are that the complainant petitioner submitted a complaint before the learned Chief Judicial magistrate stating that on 29.01.2014, the accused person Anand Chhabra and other persons attacked the complainant and his family members. When the complainant tried to lodge the report, the
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police initiated proceedings under Section 107, 151 Cr.P.C. against him. It is alleged that the police in cannivance with the accused persons lodged the FIR of opposite party being FIR No. 65/2014 on 08.02.2014 and the petitioner's FIR was lodged on 08.02.2014 at 4:15 PM as FIR No. 66/2014. Therefore, a case be registered for offence under Section 166A IPC against the respondent no.2.
The learned trial court after recording the statement of the complainant and petitioner under Section 200 & 202 Cr.P.C. dismissed the complaint filed by the petitioner vide order dated 23.06.2016.
Feeling aggrieved, the petitioner filed a revision petition before the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Hanumangarh which too came to be dismissed vide order dated 25.11.2016.
Counsel for the petitioner submits that without considering the material aspect of the matter, the trial court mechanically rejected the complaint case filed by the petitioner. It is argued that the learned Magistrate has dismissed the complaint of the petitioner on the basis of the inquiry report which was submitted by the SHO of P.S. Hanumangarh without recording statement of the complainant or other persons. It is also argued that both the courts below have passed the impugned orders did not properly consider the submissions made on behalf of the petitioner. 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 and counsel for the respondent accused supported the impugned orders and submitted that both the courts below have discussed each and every aspect of the
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matter and have rightly rejected the complaint case and revision petition respectively, which does not called for any interference.
Heard the learned counsel for the parties and perused the orders impugned so also the record.
Learned Judicial Magistrate, Hanumangarh after considering the entire facts and evidence on record, came to the conclusion that no case is made out on the basis of inquiry conducted under Section 202 Cr.P.C. The revision petition filed by the petitioner also came to be dismissed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Hanumangarh by way of a detailed order. In the opinion of this Court, learned court below after considering the entire material on record, has rejected the complaint case of the petitioner which was affirmed by the revisional court. There is no illegality or perversity in the impugned orders dated 23.06.2016 & 25.11.2016. Hence, this misc. petition is hereby dismissed.
(MANOJ KUMAR GARG),J
156-BJSH/-
2 issues framed by the court
Whether the trial court and revisional court erred in dismissing the criminal complaint under the Prevention of Atrocities Act.
Whether there is any illegality or perversity in the impugned orders rejecting the petitioner's case.
Gautam Ahuja
The State Of Rajasthan
Bhanwar Lal Meghwal
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
