Petitioner challenged the dismissal of his protest petition and revision regarding a police Final Report. The high court found no illegality or perversity in the lower courts' acceptance of the FR and dismissed the petition.
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[2023:RJ-JD:23820]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 1329/2017
Mohd Rashid S/o Shri Mohd Hanif, By Caste Teli Muslim, R/o Near Nani Bai Temple, Udaimandir Raj.
----Petitioner
Versus
The State Of Rajasthan.
----Respondent
| For Petitioner(s) | : Mr. KuldeepPurohit |
|---|---|
| For Respondent(s) | : Mr. Vikram Sharma, PP |
| Mr. Mahendra Chhangani | |
| Mr. MrigrajSingh Rathore |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
27/07/2023
Instant misc. petition has been filed against the order dated 25.01.2017 passed by learned Additional Sessions Judge, Jodhpur whereby the learned Judge dismissed the revision petition and affirmed the order dated 27.01.2016 passed by learned Chief Judicial Magistrate, Jodhpur accepting the FR filed by the police.
Brief facts of the case are that the petitioner complainant filed a complaint before the court of Chief Magistrate stating therein that the employees of the then UIT without having power, demolished his house and seized his belonging and handed over the possession to Jahangir Khan.
The police registered the case and after investigation, submitted FR that no case is made out against the accused respondent. After considering the evidence collected during investigation and recording statement of petitioner and witnesses
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[CRLMP-1329/2017]
(2 of 3)
under Section 200 & 202 Cr.P.C., the trial court accepted the Final Report and rejected the protest petition vide order dated 27.01.2016. The petitioner filed a revision petition against the said order before the learned Additional Sessions Judge, Jodhpur which too was dismissed vide order dated 25.01.2017.
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 other witnesses, a prima facie case is clearly made out against the accused respondents. It is argued that from the statement of witnesses and material on record, it is evident that the accused respondents had carried out the proceedings against the petitioner. 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 orders and submitted that both the courts below have discussed each and every aspect of the matter and have rightly rejected the protest petition 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.
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 petitioner failed to make out a prima facie case against the respondents by concrete evidence.
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[CRLMP-1329/2017]
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Learned Judicial Magistrate after considering the Final report submitted by the police, rejected the protest petition. The revision petition filed by the petitioner also came to be dismissed by the Additional Sessions Judge, Jodhpur 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 27.01.2016 & 25.01.2017. Hence, this misc. petition is hereby dismissed.
(MANOJ KUMAR GARG),J
126-BJSH/-
Mohd Rashid
The State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
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