Petitioner challenged revision order regarding a protest petition where police filed final report no case made out. Court held no ground to disbelieve negative report and found no illegality in impugned orders. Misc. petition dismissed.
The criminal miscellaneous petition to interfere with the impugned orders was dismissed.
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[2023/RJJD/009374]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 530/2023
Jhamak Lal S/o Dhanna Lal, Aged About 65 Years, Pratapgarh, Ps Pratapgarh, Dist. Pratapgarh, Rajasthan.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. K.P.S. Deora For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
10/04/2023
Instant misc. petition has been filed against the order dated 01.10.2022 passed by learned Sessions Judge, Pratapgarh whereby the learned Judge dismissed the revision petition and affirmed the order dated 24.08.2022 passed by learned Chief Judicial Magistrate, Pratapgarh accepting the FR filed by the police in FIR No. 339/2012.
Brief facts of the case are that the complainant filed a complaint before the Chief Judicial Magistrate, Pratapgarh to the effect that the petitioner has been using a footpath to go across the agricultural field. However, the accused persons put stones and stopped the way to agricultural field and on passing through the way, the accused hurled caste abusive language on him.
The complaint was sent to the police station under Section 156(3) Cr.P.C. The police registered the case being FIR No. 339/2012 and after investigation, submitted FR that no case is
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[CRLMP-530/2023]
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made out against the accused respondents. After considering the evidence collected during investigation and recording statement of witnesses under Section 200 & 202 Cr.P.C, the trial court accepted the Final Report and rejected the protest petition vide order dated 24.08.2022. The petitioner filed a revision petition against the said order before the learned Sessions Judge, Pratapgarh which too was dismissed vide order dated 01.10.2022.
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, a prima facie case is clearly made out against the accused respondent. It is argued that the petitioner has clearly stated in his statement under Section 200 Cr.P.C. that the accused respondents had humiliated the petitioner in public view by using caste oriented abuses. 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 and counsel for the respondents 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
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against the respondents as the petitioner failed to make out a prima facie case against the respondent. Learned Chief Judicial Magistrate, Pratapgarh after considering the Final report submitted by the police, rejected the protest petition on the said ground. The revision petition filed by the petitioner also came to be dismissed by the learned Sessions Judge, Pratapgarh 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 24.08.2022 & 01.10.2022. Hence, this misc. petition is hereby dismissed.
(MANOJ KUMAR GARG),J
14-BJSH/-
2 issues framed by the court
Whether the impugned orders rejecting the protest petition and dismissal of the revision petition should be interfered with given the police final report.
Whether there is any illegality or perversity in the lower courts accepting the final report filed by the police.
Jhamak Lal S/o Dhanna Lal
State Of Rajasthan Through Pp
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
