JUDGMENT :

1. Instant criminal appeal has been filed by the appellant against the order dated 24.01.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities Act) Cases, Barmer whereby the learned Judge dismissed the protest petition and accepted the FR filed by the police in FIR No. 78/2022.

2. Brief facts of the case are that the appellant complainant submitted a written complaint before the police stating therein that on 09.12.2022, when she was fetching water from water tank of her house, the accused persons and started smoking. When she refused, the accused persons got agitated and started abusing her. Upon hearing noise, when her brother in law came, the accused assaulted him and threatened to vacate the house etc.

3. On the basis of said report, FIR No. 78/2022 was registered for the offence under Sections 341, 323 & 354/143 IPC and Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act was registered and after investigation, the police submitted FR that no case is made out against the accused respondent. The appellant filed a protest petition before the learned trial court. After considering the evidence collected during investigation and rec