Khemaram vs State Of Rajasthan
2023 Latest Caselaw 5471 Raj

[2023:RJ-JD:24606]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 336/2023

Khemaram S/o Shri Megharam, Aged About 45 Years, B/c Meghwal, R/o Chak 14 Cwb, Police Station Bajju, District Bikaner (Rajasthan)

----Appellant Versus State Of Rajasthan, Through Pp

----Respondent Connected With S.B. Criminal Appeal (Sb) No. 337/2023 Khemaram S/o Shri Megharam, Aged About 45 Years, B/c Meghwal, R/o Chak 14 Cwb, Police Station Bajju, District Bikaner (Rajasthan)

----Appellant Versus State Of Rajasthan, Through Pp

----Respondent

For Appellant(s) : Mr. Uttam Singh For Respondent(s) : Mr. S.K. Bhati, PP

HON'BLE MR. JUSTICE FARJAND ALI

Judgment

01/08/2023

1. By way of filing these two appeals challenge has been made

to the order taking cognizance dated 31.01.2023 passed by the

learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases,

Bikaner in Final Report No.265/2014 (FIR No.9/2014 registered at

the Police Station Bachhu, District Bikaner).

2. It seems that the instant Criminal Appeals have wrongly

been filed under Section 14 -A (2) of the SC/ST (Prevention of

[2023:RJ-JD:24606] (2 of 2) [CRLAS-336/2023]

Atrocities) Act, as the learned trial Court took cognizance against

the appellant under Section 182/211 of the IPC. The appellant is a

member of Schedule Caste and, therefore, the penal provisions of

the SC/ST (Prevention of Atrocities) Act are not attracted thus, the

appeals are misconceived. Yet feeling that the Courts are meant to

impart justice only and not to decide the cases on technicalities;

this Court deems it appropriate to consider the instant appeals

into Criminal Revision Petitions under Section 397/401 of the

Cr.P.C.

3. Accordingly, both the appeals are disposed of. Office is

directed to register the instant Memo of Appeals into Criminal

Revision Petitions under Section 397/401 of the Cr.P.C. and list the

matter on 07.08.2023.

(FARJAND ALI),J 254-255Mamta/-

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