Kanti Lal Labana vs State Of Rajasthan
2022 Latest Caselaw 9936 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 1092/2022

1. Kanti Lal Labana S/o Shri Hathi Ram Labana, aged about 56 years,

2. Dilip S/o Shri Kanti Lal Labana, aged about 25 years,

3. Dinesh S/o Shri Laxmi Chand Labana, aged about 40 years,

4. Rama S/o Shri Gattu Lal Labana, aged about 40 years, All B/c Labana, R/o Mada, P.S. Ramsagda, District Dungarpur.

----Appellants Versus

1. State of Rajasthan

2. Smt. Meena Verma W/o Shri Bhagwati Prasad Verma, B/c Verma, R/o 2/49, Shivaji Nagar, Dungarpur, Presently R/o D-44, Vedvela Colony, Ramnagar Extension, Sodala, Jaipur.

----Respondents

For Appellant(s) : Mr. Manoj Kumar Pareek For Respondent(s) : Mr. Mukhtiyar Khan, P.P.

Mr. Vinod Rajoria for respondent

HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

28/07/2022

Learned counsel for the appellants submits that prima facie

no offence under the provisions of Scheduled Caste & Scheduled

Tribe (Prevention of Atrocities) Act, 2015, is made out against the

appellants. The dispute between the parties is civil in nature.

While replying upon the judgment of the Hon'ble Supreme Court

passed in the case of Sibjash Kashinath Mahajan (Dr.) vs.

State of Maharashtra & anr. reported in 2018 Cr.L.J. (S.C.)

(2 of 2) [CRLAS-1092/2022]

289, learned counsel for the appellants submits that the

appellants deserve to be protected from arrest.

Learned Public Prosecutor and learned counsel for the

complainant have opposed the appeal. As per contention of

learned counsel for the complainant, appellants have encroached

upon the land of the complainant, who is member of Scheduled

Caste.

After perusing the case diary and factual report, it reveals

that the complainant has alleged that so-called agreement dated

15.09.2003 has been forged by the accused. The factual report

reveals that same has been sent for Expert Report to the F.S.L.

The FSL report is still awaited. In the considered opinion of this

Court, without first establishing the fact of so-called forgery of

agreement dated 15.09.2003, appellants cannot be arrested for

the alleged offences.

Accordingly, it is directed that till further orders, appellants

shall not be arrested in connection with F.I.R. No. 48/2021, Police

Station Ramsagda, District Dungarpur.

List the matter after eight weeks with progress report.

(RAMESHWAR VYAS),J

138-Inder/-

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