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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
SMT. BHANWARI DEVI – Appellant
Versus
STATE AND ORS – Respondent
Order :
1. Instant revision petition has been filed by the petitioner under Section 397/401 Cr.P.C. against the order dated 03.02.2006 passed by learned Civil Judge (S.D) and Additional Chief Judicial Magistrate, Didwana whereby he dismissed the application filed by the petitioner under Section 190(1) Cr.P.C.
2. Counsel for the petitioner submits that in the complaint filed by the petitioner, a specific averment has been made against the accused respondents deposing the commission of offences but the police has submitted negative FR in this case. The petitioner filed a protest petition in which the statement of complainant Bhanwari Devi and witnesses Jawana Ram, Mohd Yusuf, Sohan lal @ Sohan Ram and Abdl Salam were recorded were recorded under Section 200 Cr.P.C. & 202 Cr.P.C. All these witnesses clearly state that the accused respondents had beaten the complainant and outraged her modesty, therefore, the offence under Sections 323, 341, 354, 504, 120B IPC and Section 3 of SC/ST (Prevention of Atrocities) Act are clearly made out against the respondents No.2 & 3. Therefore, the impugned order dated 03.02.2006 passed by the court below being illegal be quashed and set aside and cogni
At the cognizance stage, a prima facie case is sufficient for proceeding against accused, and meticulous examination is not required.
Taking cognizance requires cogent reasoning and credible evidence; reliance solely on uncorroborated testimony is insufficient.
The court emphasized the importance of considering malafide complaints and the principle of quashing FIR in cases of malafide intention.
The need for strict construction of penal statutes and the requirement for clear and distinct language when imposing penalties.
No doubt, while exercising the power under Section 319 of Cr.P.C., Court has to exercise the said power with due care and caution and not to exercise the said power in a routine course but the materi....
A complaint dismissed before registration does not bar a subsequent complaint on the same facts, provided it is not dismissed on merit.
Failure to register FIR and the need for police investigation under the SC/ST Act.
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