Rajasthan High Court - Jodhpur
Dharampal vs The State Of Rajasthan ... on 7 August, 2023
Bench: Farjand Ali
[2023:RJ-JD:24948]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 837/2018
Dharampal D/o Aad Ram, Aged About 40 Years, B/c Jat , Banda ,
Tehsil Taranagar Distt. Churu
----Appellant
Versus
1. The State Of Rajasthan, Through Pp
2. Rekha W/o Ramswaroop, B/c Meghwal, Shyopura, Tehsil
Taranagar, Distt Churu
----Respondents
Connected With
S.B. Criminal Appeal (Sb) No. 1251/2018
Rekha W/o Shri Ram Swroop, Aged About 20 Years, B/c
Meghwal, R/o Village Sheopura, P.s. Tara Nagar, Teh. Tara Nagar,
Dist. Churu (Raj.)
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Shri Dharam Pal S/o Sh. Aad Ram, B/c Jat R/o Village
Banada, Teh. Tara Nagar, Dist. Churu
----Respondents
For Appellant(s) : Mr. R.S. Choudhary
Mr. Jai Kishan
For Respondent(s) : Mr. Shambhoo Singh
Mr. Abhishek Purohit, AGA
HON'BLE MR. JUSTICE FARJAND ALI
JUDGMENT
JUDGMENT RESERVED ON ::: 18/07/2023
JUDGMENT PRONOUNCED ON ::: 07/08/2023
BY THE COURT:-
1. The legality correctness and propriety of the order dated
23.07.2018 passed by the learned Magistrate has been challenged
[2023:RJ-JD:24948] (2 of 4) [CRLAS-837/2018]
by the accused appellant-Dharampal (In SB Crl. Revision Petition
No.837/2018) as well as by the complainant Smt. Rekha Meghwal
(In SB Crl. Revision Petition No.1251/2018) whereby the learned
Judge accepted the protest petiton filed by the complainant and
rejected the final report filed in FIR No.55/2018 registered at the
Police Station Taranagar, District Churu and issued warrant of
arrest against the accused Dharampal.
2. With the consent of the parties, both these appeals are being
decided by this common order.
3. It is appearing that at the behest of complainant Rekha
Meghwal, an FIR No.55/2018 came to be lodged at the Police
Station Taranagar, District Churu alleging inter alia that she was
subjected to rape by Dharampal. The matter was thoroughly
investigated by the police and whereafter a negative final report
came to be submitted in the competent Court.
4. The complainant Rekha Meghwal, appellant in S.B. Criminal
Appeal No.1251/2018 made protest to the Final Report upon
which, the inquiry was initiated. After examination of the material,
the learned Special Judge, SC/ST (Prevention of Atrocities Act)
Cases, Churu took cognizance of the offences under Sections 452
and 354 of the IPC and under Section 3 (1)(w)of the SC/ST Act
and then issued process against the accused Dharmpal (who is
appellant in Appeal No.837/2018) and issued warrant of arrest
against him.
5. Heard learned counsel for the parties and perused the order
impugned as well as other material available on record.
[2023:RJ-JD:24948] (3 of 4) [CRLAS-837/2018]
6. It is the grief of the complainant Rekha Meghwal (appellant
in Appeal No.1251/2018) that besides the offences under Sections
452 & 354 of the IPC and Section 3 (1)(w) of the SC/ST Act, the
cognizance under Sections 450, 457, 376 of the IPC and under
Section 3(2)(v) of the SC/ST Act may also be taken. I see no force
in the prayer made by the complainant-Rekha Meghwal thus, the
Appeal No.1251/2018 filed by her devoid of merit and the same is
hereby dismissed.
7. With regard to the appeal preferred by accused-Dharmpal,
who challenged the order impugned is concerned, this Court is of
the firm opinion that at the stage of considering a case of
cognizance, the evidence collected is not required to be examined
to the extent that the accused shall be convicted or acquitted.
While taking cognizance of the offence, it is enough if the
Magistrate or the Judge feels to proceed further in the matter, as
per the procedure laid down under the Cr.P.C. It is a formal
application of mind prima facie to see material so as to take
cognizance of the offence and issuance of process. This Court does
not find any illegality or error in the order dated 23.07.2018
passed by the Court below thus, the Appeal No.837/2018 filed by
the accused-Dharampal is dismissed being devoid of force, as. The
stay petition also stands disposed of.
8. Looking to the peculiar facts and circumstances of the case
that after investigation it was resulted and opined by the
Investigating Officer that the accused Dharampal had not
committed any offence, I deem it appropriate to direct him to
appear before the trial Court on or before 31.08.2023 and to move
[2023:RJ-JD:24948] (4 of 4) [CRLAS-837/2018]
a regular bail application. In the event, the accused-Dharampal
appears and move a regular bail application to the learned Judge,
he shall be released on the very same day on the amount of
surety and bond which the learned trial Court deems appropriate.
Till 31.08.2023, the execution of warrant of arrest issued against
the accused Dharampal shall remain stayed.
10. So far as the appellant Rekha in Appeal No.1251/2018 is
concerned, she would also be at liberty to make a prayer under
Section 319 of the Cr.P.C. after examination of the relevant
witnesses in the trial and if the material is found to be up to
standard marked by the Hon'ble Supreme Court in the matter of
Hardeep Singh Vs. State of Punjab and Others, (2014) 3
SCC 92; wherein the Hon'ble Supreme Court observed that the
petitioner would be able to move an application under Section 319
Cr.P.C. Needless to say that in the above circumstance, the
application as would be filed by the petitioner under Section 319
C.P.C. shall be decided by the learned trial Court in light of the
settled legal preposition.
10. With the above observations and directions, the appeals are
disposed of.
11. Record of the Court below be sent back.
(FARJAND ALI),J
240-Mamta/-
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