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2022 Supreme(Raj) 2728
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Farjand Ali, J.
Mangi Lal – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Criminal Appeal No. 410 of 2018
Decided On : 06-12-2022
Important Points
Subject
Criminal Law - Cognizance of Offence
Act Referred
Headnote
Criminal Appeal - Cognizance of Offence - The court declined to take cognizance of the offence based on the report from the police under Section 202 Cr.P.C. and the lack of further evidence.
Fact of the Case:
The appellant filed a complaint, and the court examined him under Section 200 Cr.P.C. The matter was sent to the police for inquiry under Section 202 Cr.P.C. No further evidence was adduced.
Finding of the Court:
The court found no reason for interference in the order declining to take cognizance of the offence, as it was well reasoned and based on cogent grounds.
Issues: The issue was whether the court should take cognizance of the offence based on the report from the police under Section 202 Cr.P.C. and the lack of further evidence.
Ratio Decidendi: The court's decision was influenced by the report from the police under Section 202 Cr.P.C. and the absence of additional evidence during the inquiry.
Final Decision: The appeal was dismissed, upholding the order declining to take cognizance of the offence.
R.C.Joshi, Advocate, Shardul Singh, Advocate, Gaurav Singh, Advocate
JUDGMENT
Farjand Ali, J. - By way of filing the instant criminal appeal, challenge has been made to the order dated 22.1.2018 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Hanumangarh in Complaint Case No.70/2017, whereby learned Court below has declined to take cognizance of the offence.
2. Bereft of elaborate details, the facts necessary for disposal of the case are that upon a complaint moved by the appellant, the Court below examined him under Section 200 Cr.P.C. and sent the matter under Section 202 Cr.P.C. to the police seeking assistance in inquiry. After receipt of the report from the police under Section 202 Cr.P.C., no other witness was examined in the inquiry and no further evidence has been adduced. The learned Court below has dealt with all the legal and factual aspects of the matter and passed the order impugned dated 22.1.2018.
3. I see no reason for interference in the order impugned, as the same is well reasoned and based on cogent grounds.
4. Accordingly, the appeal is dismissed.
