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2022 Supreme(Raj) 2682
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Farjand Ali, J.
Mohan Ram – Appellant
Versus
State – Respondent
S.B. Criminal Appeal No. 1769 of 2019
Decided On : 13-12-2022
K.L. Chouhan, Advocate, Laxman Solanki, Advocate
The court upheld the decision based on the material available on record and concurred with the result of the investigation.
Headnote:
Protest - Rejection of Protest in Criminal Appeal - The court concurred with the result of the investigation and dismissed the criminal appeal.
Fact of the Case:
The appellant filed a report alleging arson by certain individuals, but the investigating agency concluded that the story in the report was not true. The appellant protested the negative final report, which was treated as a complaint and led to an inquiry.
Finding of the Court:
The court concurred with the finding reached by the court below and dismissed the criminal appeal.
Issues: Rejection of protest, concurrence with the result of the investigation
Ratio Decidendi: The court upheld the decision of the lower court based on the material available on record, including the report of the investigating agency and the reasoning given by the court below.
Final Decision: The criminal appeal and the stay application were both dismissed.
JUDGMENT
Farjand Ali, J. - By way of filing instant criminal appeal challenge has been made to the order dated 05.12.2019 passed by learned Special Judge, SC/ST (Prevention of Atrocities Cases), Balotra in F.R. Case No. 29/2018, whereby the protest made by the appellant has been rejected and the negative final report submitted by the investigating agency has been accepted.
2. Brief facts necessary for disposal of the instant criminal appeal are that at the behest of appellant a report came to be lodged at Police Station, Sivana on 29.06.2018 alleging, inter alia, that a shop was let out to him by the landlord, in which, he was running a business of ready-made shoes, artificial jewelry, fancy items etc. It is alleged that in the intervening night of 03.06.2018 - 04.06.2018 his shop was set ablazed by accused Bharat Singh, Madan Devasi, Ishvar Singh, Amar Singh, Ratan Singh, Raan Sigh etc. In the morning of 04.06.2018 the appellant came to know regarding the arson caused by the accused. It is alleged in the FIR that fire was not set on account of sort circuit rather it was an intentional mischief caused by the accused. A thorough investigation was conducted by the investigating agency and then it was concluded that the story set out by the appellant in the FIR was not true. Certain logical and valid grounds have been enumerated in the report under Section 173 Cr.P.C. and thus a negative final report came to be submitted before the trial court.
3. Upon a protest made by the appellant herein, who happens to be complainant of the case, the court below treated his protest as a complaint and initiated inquiry in pursuance of the procedure envisaged under Sections 200 and 202 Cr.P.C. In this process, the complainant and certain witnesses were examined and thereafter the court below after meticulous examination of the material available before it has passed the order impugned, whereby, the protest was dismissed and the court below concurred with the result of investigation.
Heard learned counsel for the parties and perused the material available on record.
4. After carefully scanning the material available on record, more particularly report of investigating agency and the reasoning given by the court below, this court also concurs with the finding reached out by the court below. There is no force in the criminal appeal.
5. The present criminal appeal is dismissed accordingly. The stay application also dismissed.
