Complainant appealed against acceptance of the police negative Final Report and rejection of his protest petition in an SC/ST atrocities FIR. The High Court found no ground to disbelieve the thoroughly investigated FR and no illegality or perversity in the impugned order, dismissing the appeal.
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.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Appeal (Sb) No. 597/2024
Moolaram S/o Shri Bholuram, Aged About 62 Years, R/o Ratanpura, Tehsil Makrana, Police Station Makrana, Dist. Nagaur, Rajasthan.
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. B.S. Chouhan For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order
29/04/2024
Instant criminal appeal has been filed by the appellant against the order dated 09.01.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities Act) Cases, Merta, District Nagaur whereby the learned Judge dismissed the protest petition and accepted the FR filed by the police in FIR No. 35/2023.
Brief facts of the case are that the appellant complainant submitted a written complaint before the police stating therein that on 03.02.2023, in the night when he was sleeping at his dwelling house, he heard noise of JCB machine. When he came out, he saw that accused persons were uprooting the plants. When
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[CRLAS-597/2024]
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the complainant resisted, the accused persons started abusing the complainant and also, threatened and gave beating to him.
On the basis of said report, FIR No. 61/2023 was registered for the offence under Sections 427, 447 IPC and Section 3(1)(r), 3(1)(s), 3(1)(g) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act was registered and after investigation, the police submitted FR that no case is made out against the accused respondent. 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, Jalore accepted the Final Report and rejected the protest petition vide order dated 09.01.2024.
Counsel for the appellant submits that without considering the material aspect of the matter, the trial court mechanically rejected the protest petition filed by the appellant. 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 learned trial court failed to apply its mind whereas, a prima facie case was made out against the accused . 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 call for any interference.
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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 accused as the appellant failed to make out a prima facie case against the respondent. 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 order dated 09.01.2024. Hence, this criminal appeal is hereby dismissed.
(MANOJ KUMAR GARG),J
41-BJSH/-
2 issues framed by the court
Whether the protest petition should have been accepted despite the police negative final report in FIR No. 61/2023.
Whether the trial court's rejection of the protest petition and acceptance of the FR was illegal or perverse.
6 provisions across 2 enactments
Moolaram
Ravindrasingh
Dileep Singh
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
