HIGH COURT BENCH AT JAIPUR
BANWARI LAL GURJAR S/O HARJI GURJAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
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 fo
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