In a criminal miscellaneous petition challenging a Special Judge's order accepting a Police Final Report in an SC/ST atrocity case, the High Court held the report plausible after thorough investigation and dismissed the petition, finding no illegality or perversity in the lower court's order.
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.
[2023:RJ-JD:37631]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 2270/2023
Nakhu Devi W/o Ladu Ram, Aged About 32 Years, B/c Meghwal, R/o Khabdala P.s. Girab Dist. Barmer.
----Petitioner
----Respondents
| For Petitioner(s) | : Mr. Jitendra Ojha |
|---|---|
| For Respondent(s) | : Mr. Vikram Sharma,PP |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
03/11/2023
Instant misc. petition has been filed against the order dated 06.02.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities Act) Cases, Barmer whereby the learned Judge dismissed the protest petition and and accepted the FR filed by the police in FIR No. 24/2021.
Brief facts of the case are that the complainant filed a FIR before the Police Station, Girab stating therein that on 17.04.2021 when she was going to Gemra Ram’s house, the respondent driving the tractor stopped her and while threatening, used caste oriented abusive language and also tried to outrage her modesty. The police registered the case being FIR No. 24/2021 and after investigation, submitted FR that no case is made out against the accused respondent. The petitioner filed a protest petition before the learned trial court. After considering the evidence
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collected during investigation and recording statement of witnesses under Section 200 & 202 Cr.P.C, 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 06.02.2023.
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 under Section 200 & 202 Cr.P.C, 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 trespassed their land. 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 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 respondent as the petitioner failed to make out a prima facie case against the respondent. Learned trial court after
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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 orders dated 06.02.2023. Hence, this misc. petition is hereby dismissed.
(MANOJ KUMAR GARG),J
338-BJSH/-
2 issues framed by the court
Whether the High Court should interfere with the Special Judge who accepted the Police Final Report rejecting the protest petition in an SC/ST Atrocities case.
Whether the negative Final Report after thorough investigation is plausible and prima facie establishes no case.
Nakhu Devi W/o Ladu Ram
State Of Rajasthan
Kalyan Singh S/o Lal Singh
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
