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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
BHAGGA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Judgment :
1. The present criminal appeal has been filed by the appellant against the order dated 05.07.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities Act) Cases, Udaipur whereby the learned Judge dismissed the protest petition and accepted the FR filed by the police in FIR No. 326/2018 lodged at P.S. Sukher, District Udaipur.
2. Brief facts of the case are that the complainant appellant lodged FIR at the Police station, Sukher for offence under Sections 420, 406, 467, 468, 471, 120B IPC and Section 3 of the SC/ST (Prevention of Atrocities) Act stating therein that the accused Jagannath Patel and his wife Smt. Magni Bai hatched a conspiracy and while preparing forged and fabricated documents, got the ancestral land registered in their name.
3. The police after thorough investigation, submitted FR that no case is made out against the accused respondents. The appellant filed a protest petition before the learned trial court. After considering the evidence collected during investigation and recording statement of witnesses, the court of learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Udaipur accepted the Final Report and rejected the protest petition
The court upheld the final report by police stating no case was made out against the respondents, emphasizing the necessity of thorough investigation and detailed reasoning in judicial decisions.
The main legal point established is that the court will uphold the acceptance of a Final Report and rejection of a protest petition if no prima facie case is made out against the accused based on tho....
Kidnapping, abducting or inducing woman to compel her marriage - It is crystal clear that while considering protest petition concerned Court has to act upon material available before Court, that is m....
The trial court erred in taking cognizance against the appellants due to insufficient evidence and contradictions in witness statements.
Hurt, intentional insult and criminal intimidation – Merely calling a person by referring to his or her profession, would not by itself attract provisions of SC/ST Act, unless it is established that ....
The court has the discretion to order the release of an appellant on bail based on the facts and circumstances of the case, without expressing any opinion on the merits of the case.
A prima facie case for commission of offence punishable under Section 3(1)(r) and 3(1)(s) of Act, 1989 and there is no provision of leading pre charge evidence before court of Sessions, no illegality....
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