Rajasthan High Court - Jodhpur
Lalit Khatri vs State Of Rajasthan (2024:Rj-Jd:18375) on 25 April, 2024
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2024:RJ-JD:18375]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 749/2021
Lalit Khatri S/o Sh. Manglaram, Aged About 42 Years, R/o Indra
Colony, Ahore Dist. Jalore.
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Hir Singh, B/c Charan, Sub Registrar, Tehsil Premises,
Ahore, Dist. Jalore.
3. Narendra Kumar Mali S/o Sh. Kishnaram, Sub Registrar
Office, Teh. Premises Ahore, Dist. Jalore.
----Respondents
For Appellant(s) : Mr. Leeladhar Khatri
For Respondent(s) : Mr. Mukesh Trivedi, PP
Mr. Mahesh Thanvi
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
25/04/2024
Instant criminal appeal has been filed by the appellant
against the order dated 28.07.2021 passed by learned Special
Judge, SC/ST (Prevention of Atrocities Act) Cases, Jalore whereby
the learned Judge dismissed the complaint filed by the
complainant.
Brief facts of the case are that the appellant complainant
Lalit Khatri submitted a written complaint before the competent
Court against the respondents No.2 & 3 alleging therein that the
accused respondents in connivance with authorities of Revenue
department deprived one Chatra Ram S/o Kuiya Ram of his plots
which were purchased by him for a sum of Rs.10,000/- each. It
[2024:RJ-JD:18375] (2 of 3) [CRLAS-749/2021]
was alleged that when the victim approached the respondents
No.2 & 3 for registration, the same was denied.
On the basis of said report, the learned Judge sought report
from the concerned police station. After receiving the factual
report from the police, the learned Judge dismissed the complaint
filed by the complainant on the ground that the complaint has
been filed by Lalit Khatri himself as a private complaint and not on
behalf of victim Chatra Ram who belongs to Scheduled caste
whereas, Chatra Ram never appeared before the court.
Counsel for the appellant submits that without considering
the material aspect of the matter, the trial court mechanically
rejected the complaint filed by the appellant. It is argued that on
the basis of statement of the complainant, a prima facie case is
clearly made out against the accused respondents. It is argued
that the learned trial court failed to apply its mind whereas, a
prima facie case was made out against the accused for offence
under Section 3 of SC/ST (Prevention of Atrocities) Act. It is
further stated that so far as the presence of victim Chatra Ram is
concerned, an affidavit has now been filed before this Court
praying that proceedings under SC/ST (Prevention of Atrocities)
Act may be initiated against the accused respondents. 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 complaint, which does
not call for any interference.
[2024:RJ-JD:18375] (3 of 3) [CRLAS-749/2021]
Heard the learned counsel for the parties and perused the
orders impugned so also the record.
It is not disputed that the complaint has been filed by
appellant Lalit Khatri as a private complaint and not on behalf of
victim Chatra Ram, who belongs to Scheduled category. It is also
not disputed that the victim Chatra Ram never appeared in the
proceedings before the Court below. Now an affidavit has been
filed at this stage, before this Court praying that proceedings
under SC/ST (Prevention of Atrocities) Act may be initiated
against the accused respondents. In the opinion of this Court, the
affidavit filed by the victim Chatra Ram at this belated stage
before this Court is not acceptable, more so, when no plausible
and justified reason has been given in the affidavit for not
appearing before the Court below during the proceedings.
In the opinion of this Court, no ground exists for interfering
in the order dated 28.07.2021 passed by learned Special Judge,
SC/ST (Prevention of Atrocities Act) Cases, Jalore. Hence, this
criminal appeal is hereby dismissed.
Record of the trial court be sent back forthwith.
(MANOJ KUMAR GARG),J
167-BJSH/-
Powered by TCPDF (www.tcpdf.org)
