Rajasthan High Court - Jodhpur
Sunder Devi vs State Of Rajasthan ... on 27 March, 2023
Bench: Manoj Kumar Garg
[2023/RJJD/007473]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 527/2019
Sunder Devi W/o Mahendra, Aged About 43 Years, By Caste Jat,
Resident Of Kharsandi Tehsil Nohar District Hanumangarh.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Suman W/o Madan D/o Moola Ram Sahu, Resident Of
Village Kanau, Tehsil Bhadra District Hanumangarh.
3. Rajbala W/o Vinod D/o Moola Ram Sahu, Resident Of
Village Kanau, Tehsil Bhadra District Hanumangarh.
----Respondents
For Petitioner(s) : Mr. R.S. Choudhary
For Respondent(s) : Mr. Vikram Sharma, PP
Mr. Rakesh Matoria
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
27/03/2023
Instant misc. petition has been filed against the order dated
04.01.2019 passed by learned Additional District & Sessions Judge
No.2, Nohar, Hanumangarh whereby the learned Judge dismissed
the revision petition and affirmed the order dated 02.02.2016
passed by Additional Chief Judicial Magistrate, Nohar accepting the
FR filed by the police in FIR No. 470/2014.
Brief facts of the case are that the complainant petitioner
filed a written report before the SHO, Police Station Nohar, stating
therein that father-in-law of the petitioner was having 15-16
bighas of agricultural land, which came in the share of the
petitioner and her husband in partition. It was alleged that the
daughters-in-law of the petitioner used to threaten her to transfer
[2023/RJJD/007473] (2 of 3) [CRLMP-527/2019]
the land of complainant in her name. It is alleged that on
08.09.2014, the daughters-in-law came to the petitioner and after
giving beating to the complainant, put her in the tank and closed
the lid with an intention to kill her. The complainant petitioner
anyhow managed to escape and called for help upon which the
neighbours came and rescued her. It was also alleged that the
gold ornaments and cash were also missing from the house.
The police registered the case and after investigation,
submitted FR that no case is made out against the accused
respondents. The petitioner filed a protest petition in which
statement of the complainant were recorded under Section 200
Cr.P.C as well as statement of witnesses CW/2 to CW/5 were
recorded under Section 202 Cr.P.C. After recording of the
statements, the court of Additional Chief Judicial Magistrate,
Nohar accepted the Final Report and rejected the protest petition
vide order dated 02.02.2016. The petitioner filed a revision
petition against the said order before the Additional District &
Sessions Judge No.2, Nohar, District Hanumangarh which too was
dismissed vide order dated 04.01.2019.
Counsel for the petitioner submits that without considering
the material aspect of the matter, the trial court mechanically
rejected the protest petition filed by the petitioner. It is argued
that the complainant petitioner in her statement under Section
161 Cr.P.C. as well as in the court statement under Section 200
Cr.P.C. has specifically stated that the respondent accused
threatened her to transfer the agricultural land to them and tried
to kill her by pushing the complainant into a water tank.
[2023/RJJD/007473] (3 of 3) [CRLMP-527/2019]
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 and counsel for the respondent
accused supported the impugned orders and submitted that both
the courts below have discussed each and every aspect of the
matter and have rightly rejected the protest petition and revision
petition respectively, which does not called for any interference.
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 respondents. Learned Additional Chief Judicial
Magistrate, Nohar after considering the Final report submitted by
the police, rejected the protest petition. The revision petition filed
by the petitioner also came to be dismissed by the Additional
District & Sessions Judge No.2, Nohar, Hanumangarh 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
orders dated 02.02.2016 & 04.01.2019. Hence, this misc. petition
is hereby dismissed.
Record of the trial court be sent back forthwith.
(MANOJ KUMAR GARG),J
135-BJSH/-
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