IMPORTANT POINT
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.

JUDGMENT :

1. Instant criminal appeal has been filed by the appellant against the order dated 12.07.2018 passed by learned Special Judge, SC/ST (Prevention of Atrocities Act) Cases, Churu whereby the learned Judge dismissed the complaint filed by the complainant petitioner.

2. Brief facts of the case are that the appellant complainant submitted a complaint before the learned Special Judge, SC/St (Prevention of Atrocities) Act Cases, Churu against the respondent which was sent for investigation to the concerned police station. After investigation the police filed a negative FR that no case is made out. Thereafter, the complainant filed a protest petition before the court below. Another FIR No.136/2018 came to be filed by respondent against the petitioner complainant. In the said FIR also, negative FR was filed by the police.

3. The learned court below after hearing both the parties and considering the fact that police has filed negative FR and a compromise has arrived at between the parties, accept the FR in both the FIRs and rejected the complaint filed by the complainant petitioner.

4. 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 on the basis of compromise which is not on record. It is argued that the appellant has clearly stated that the accused respondents knowing that the appellant belongs to Schedule Tribe, hatched criminal conspiracy and implicated the appellant. 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.

5. 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 call for any interference.

6. Heard the learned counsel for the parties and perused the orders impugned so also the record.

7. 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 complaint filed by the appellant 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 rejected the complaint filed by the appellant. There is no illegality or perversity in the impugned order dated 12.07.2018. Hence, this appeal is hereby dismissed.

8. Record of the trial court be sent back forthwith.