Rajasthan High Court - Jodhpur
Rama Ram vs State Of Rajasthan (2023:Rj-Jd:40126) on 22 November, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:40126]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 394/2023
Rama Ram S/o Shri Deva Ji, Aged About 65 Years, B/c Garasiya
R/o Kaldari Tehsil Shivganj Dist. Sirohi Raj.
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Bhaga Ram S/o Shri Lasa Ram, R/o Devo Ka Vera
Shivgang Paldi M, Sirohi Raj.
3. Vaga Ram S/o Shri Chaman Ji, R/o Kaldari Paldi M, Sirohi
Raj.
----Respondents
For Appellant(s) : Mr. J.P. Bharadwaj
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
22/11/2023
The matter is listed in 'Defect category' as the appeal is time
barred by 105 days. An application has been filed under Section 5
of Limitation Act for condonation of delay.
For the reasons mentioned in the application, the application
is allowed. The delay in filing the appeal is hereby condoned and
matter is taken up for hearing..
Instant criminal appeal has been filed by the appellant
against the order dated 06.09.2022 passed by learned Special
Judge, SC/ST (Prevention of Atrocities Act) Cases, Sirohi whereby
the learned Judge dismissed the protest petition and accepted the
FR filed by the police in FIR No. 109/2021.
[2023:RJ-JD:40126] (2 of 3) [CRLAS-394/2023]
Brief facts of the case are that the appellant complainant
filed a complaint before the court of learned Special Judge, SC/ST
(Prevention of Atrocities) Act Cases, Sirohi stating therein that
accused Baga Ram and his accomplice Vaga Ram forcibly entered
into his house and after after beating him, took away 100 kgs of
maize and his motorcycle also. It was alleged that the
respondents while threatening and using abusive language beat
him and his wife.
The complaint was sent to the concerned police station, upon
which the police registered the case being FIR No. 109/2021 and
after investigation, submitted FR that no case is made out against
the accused respondents. The appellant filed a protest petition
before the learned trial court. After considering the evidence
collected during investigation and recording statement of
witnesses, the court of learned Special Judge, SC/ST (Prevention
of Atrocities) Cases, Sirohi accepted the Final Report and rejected
the protest petition vide order dated 06.09.2022.
Counsel for the appellant submits that without considering
the material aspect of the matter, the trial court mechanically
rejected the protest petition filed by the appellant. It is argued
that on the basis of statement of the complainant and witnesses
recorded, a prima facie case is clearly made out against the
accused respondent. It is further argued that the appellant
belongs to a tribal community and is in peaceful possession of
property for last 70-80 years and there was also a stay order
operating in his favour. It is argued that the petitioner has clearly
stated that the accused respondents had threatened the appellant
using caste oriented language and stole his goods. Therefore, a
[2023:RJ-JD:40126] (3 of 3) [CRLAS-394/2023]
prima facie case is made out against the accused respondents. It
is argued that the investigating officer has not investigated the
matter in correct perspective and 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 supported the impugned order and
submitted that the trial court has discussed each and every aspect
of the matter and have rightly rejected the protest petition, 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 as the appellant failed to make out a
prima facie case against the respondents. Learned trial court after
considering the Final report submitted by the police, rejected the
protest petition on the said ground 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 06.09.2022. Hence, this appeal is hereby dismissed.
(MANOJ KUMAR GARG),J
54-BJSH/-
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