This criminal revision petition was dismissed. The High Court upheld the Special Judge's order accepting the police Final Report and rejecting the petitioner's protest petition under the Prevention of Atrocities Act, finding no illegality or perversity in the trial court's detailed reasoning.
Revision petition dismissed; order dated 25.05.2023 upheld.
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:38605]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Revision Petition No. 949/2023
Smt. Kani Bai W/o Shri Gendmal Bhatiya, Aged About 38 Years, R/o Khetakhedi, P.s. Kanod District Udaipur (Raj.)
----Petitioner
----Respondents
For Petitioner(s) : Mr. Om Singh Chauhan For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
08/11/2023
Instant criminal revision has been filed by the appellant against the order dated 25.05.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities Act) Cases, Udaipur whereby the learned Judge dismissed the protest petition and accepted the FR filed by the police in FIR No. 26/2020. Brief facts of the case are that the appellant complainant lodged a complaint before the Superintendent of Police, Udaipur stating therein that father of appellant had expired and there is dispute going on with regard to their land and respondents are their lawyers. It was stated that the respondents took her signatures on blank papers and in cannivance with opposite party, deprived her of her land. It was also stated that on 24.02.2020
[2023:RJ-JD:38605]
[CRLR-949/2023]
(2 of 3)
when she went to Court to talk to the Advocates, they abused her and outraged her modesty.
On the basis of said complaint, the police registered the case being FIR No. 26/2020 and after investigation, submitted FR that no case is made out against the accused respondents. The appellant filed a protest 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, Udaipur accepted the Final Report and rejected the protest petition vide order dated 25.05.2023.
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, 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 humiliated the petitioner using caste oriented language. 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.
[2023:RJ-JD:38605]
[CRLR-949/2023]
(3 of 3)
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. Learned trial court after 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 25.05.2023. Hence, this revision is hereby dismissed.
(MANOJ KUMAR GARG),J
64-BJSH/-
2 issues framed by the court
Whether there is any illegality or perversity in the trial court's order accepting the police Final Report and rejecting the protest petition in an SC/ST atrocity case.
Whether a prima facie case is made out against the respondents based on the complainant's statement alleged to contain caste-oriented language.
Smt. Kani Bai W/o Shri Gendmal Bhatiya
State Of Rajasthan Through Pp
Chetan Prakash Bhanawat
Rajesh Prakash Ameta
Manoju Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
