Back
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Farjand Ali, J.
Kishan Lal – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Criminal Appeal No. 346 of 2022
Decided On : 13-12-2022
Appeal - Rejection of Complaint - The court upheld the rejection of the complaint filed by the appellant after considering the thorough investigation and the valid and logical grounds presented by the police, which led to the conclusion that the allegations were false.
Fact of the Case:
The appellant-complainant filed a criminal appeal seeking to set aside the order rejecting the complaint.
Finding of the Court:
The court found no force in the appeal and dismissed it after careful examination of the legal and factual aspects of the matter.
Issues: Rejection of complaint based on thorough investigation and grounds presented by the police.
Ratio Decidendi: The rejection of the complaint was upheld based on the thorough investigation and valid grounds presented by the police, leading to the conclusion that the allegations were false.
Final Decision: The appeal was dismissed.
JUDGMENT
Farjand Ali, J. - By way of filing instant criminal appeal, the appellant-complainant seeks setting aside of the order dated 13.1.2022 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Rajsamand, whereby the complaint filed by the appellant has been rejected.
Heard learned counsel for the appellant and learned public prosecutor. Perused the order impugned.
2. In this matter, after conducting thorough investigation, a negative final report was submitted by the police, wherein several valid and logical grounds have been enumerated on the basis of which Investigating Officer reached on a conclusion that the allegations were false. Learned court below has afforded ample opportunity to the complainant and after meticulous examination of the legal and factual aspects of the matter and considering grounds raised by the complainant, learned court below has passed the order impugned dated 13.1.2022. A careful scanning of the order impugned does not call for any interference by this Court. This Court finds no force in the appeal.
The appeal is thus, dismissed.
The court upheld the rejection of the complaint based on the thorough investigation and valid grounds presented by the police, which led to the conclusion that the allegations were false.
The court's decision on taking cognizance of the offence was based on the report from the police under Section 202 Cr.P.C. and the absence of further evidence.
The court upheld the rejection of the complaint based on the negative final reports filed by the police and the absence of a prima facie case against the respondents.
The necessity for the trial court to apply a reasoned speaking order and show reasonable belief before putting the accused for trial under Section 3(1)(x) of the SC/ST Act.
The main legal point established is that the court will uphold the acceptance of a Final Report and rejection of a protest petition if no prima facie case is made out against the accused based on tho....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
