Ishwar Singh Son Of Late Tejram vs State Of Rajasthan
2022 Latest Caselaw 2374 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Criminal Appeal No. 393/2022

Ishwar Singh Son Of Late Tejram, Resident Of Gurjar Colony,
Jhotwara, Jaipur (Raj)
                                                                   ----Appellant
                                   Versus
1.      State Of Rajasthan, Through Public Prosecutor
2.      Victim daughter of Shri Ramchandra, aged about 25
        years, resident of Ganesh Chowk, Ghatoli, Police Station
        Ghatoli, Tehsil Aklera, District Jhalawar, at present Ward
        Boy Mahatma Gandhi Hospital, Sitapura, Jaipur
                                                                ----Respondents

For Appellant(s) : Mr. Ram Ratan Gurjar For Respondent(s) : Mr. S.K. Mahala, PP

HON'BLE MR. JUSTICE FARJAND ALI

Judgment / Order

16/03/2022

Heard learned counsel for the appellant and learned Public

Prosecutor regarding maintainability of the anticipatory bail

application.

In view of the embargo of SC/ST (Prevention of Atrocities)

Act, counsel submits that prima facie there is no evidence to bring

the case within the ambit/penal provision of SC-ST Act. As per the

allegation levelled by the prosecutrix, the prosecutrix and the

appellant-petitioner were having cordial as well as physical

relationship for a long time albeit on false pretext that he will

marry her. Therefore, prima facie the penal provision of SC-ST Act

is not attracted.

                                                                            (2 of 2)                   [CRLAS-393/2022]



                                         Service     upon    the      prosecutrix-complainant            has    been

accepted, however, no one has put in appearance on behalf of the

prosecutrix. A letter of ACP, Chaksu regarding service be taken on

record.

I have considered the submissions.

Petitioner is directed to appear before the Investigating

Officer on or before 13.04.2022. In the event that petitioner

appears, Investigating Officer shall interrogate him completely and

then send the report to this Court on the next date.

Learned Public Prosecutor is directed to make available case

diary on the next date of hearing.

Put up this matter on 25.04.2022. Till then petitioner shall

not be arrested.

(FARJAND ALI),J

ARTI SHARMA /91

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