Order

Date of Reserve:- 26/04/2023 Date of Pronouncement :- 01/05/2023 Present appeal is preferred under Section 14A(1) of SC/ST (POA) Act aggrieved from order dated 11.05.2022 passed by learned Special Judge (SC/ST (POA) Act Cases), Sawaimadhopur whereby learned trial Court had proceeded to take cognizance against the appellants under Sections 379 and 447 IPC and Sections 3(1)(f), 3(1)(g) and 3(2)(va) of SC/ST (POA) Act.

Succinctly stated, on the basis of an incident allegedly on

24.03.2019, an FIR No. 84/2019 was lodged by the complainant respondent, Hansraj Meena whereby accused along with other person and two women of stealing his crops and when contacted by him, accused had used casteist slurs to humiliate him. Investigation was conducted but a negative FR was filed aggrieved from which the complainant filed a protest petition, whereby, learned trial court proceeded to take cognizance against the appellants under Sections 379 and 447 IPC and Sections 3(1)(f), 3(1)(g) and 3(2)(va) of SCT/ST (POA) Act. Hence this appeal. Learned counsel for appellant submitted that an FIR was registered with unexplained delay by complainant on false ground and police has submitted a negative FR for closure of the case but learned trial court had failed to appreciate the fact that no case was found proved by police. He further submitted that the person named as driver had not supported the case of complainant and moreover no eye-witness was named in the FIR in the statement of complainant. He further submitted that dispute was of drainage between the fields of appellants and respondent and respondent wanted to encroach upon the land of this drainage. He further submitted that the incident reported by complainant is thoroughly false and not confirmed by anyone. He further submitted that learned trial Court had failed to appreciate the fact that in case of negative FR, the court is required to meticulously examine the evidence so produced by complainant for taking cognizance. He further submitted that the site plan further suggested that the straw crop of complaint is lying on his field itself and the evidence collected by police further suggested that complainant after getting seeds from crop just left the residue straw on the spot. He further submitted that grounds of final report are required to be considered by learned trial court but it failed to consider the same. He further submitted that order of cognizance was not in consonance with settled proposition of law therefore it is liable to be set a side.

Aforesaid contentions were opposed by learned counsel Public Prosecutor on the ground that learned trial court after due consideration had proceeded to take cognizance. Despite service of notice upon respondent No. 2, the complainant remained absent.

Heard learned counsel for appellant and learned Public Prosecutor.

Perused the material available on record.

The incident is of 24.03.2019 and was reported to police on

27.03.2019, though there was no explanation for delay of almost 3 days but it is not a substantial delay. Herein, the report which was registered by complainant indicated that there was no eye witness of the incident of criminal trespass and theft on field of complainant. It was driver Mansa Gurjar who informed that he thrashed the crop brought by appellants. A report further indicated that after information from Mansa Gurjar the complainant contacted appellants wherein they have not only humiliated complainant but insulted him with abusive words and castiest slurs. The report indicated that even during so called altercations between the complainant and appellants no one was present, thus there was no eye witness of this incident as well. The complainant was examined under Section 161 Cr.P.C. by police wherein he had confirmed the incident in similar manner. The complainant was thereafter examined under section 200 Cr.P.C. by learned trial court and again he narrated the incident in same manner. Aforesaid clearly indicated that no one