[2025:RJ-JD:32807]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1188/2022

1. Karni Dan S/o Utam Dan, Aged About 52 Years, R/o Village Jhafali Kallan, Tehsil Shiv, District Barmer, Rajasthan.

2. Jog Dan S/o Virad Dan, Aged About 50 Years, R/o Village Jhafali Kallan, Tehsil Shiv, District Barmer, Rajasthan.

3. Mahendra Dan S/o Jog Dan, Aged About 25 Years, R/o Village Jhafali Kallan, Tehsil Shiv, District Barmer, Rajasthan.

4. Vikram S/o Karni Dan, Aged About 21 Years, R/o Village Jhafali Kallan, Tehsil Shiv, District Barmer, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Looni Devi W/o Khangar Ram, R/o Village Jhafali Kallan, Tehsil Shiv, District Barmer, Rajasthan.

----Respondents For Petitioner(s) : Mr. Mahaveer Singh For Respondent(s) : Mr. Vikram Singh Rajpurohit, PP Mr. Surendra Bagmalani HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

25/07/2025 Instant revision petition under Section 397/401 Cr.P.C. has been filed by the petitioners against the order dated 19.09.2022, passed by learned Special Judge, SC/ST (Prevention of Atrocities Cases), Barmer, whereby the learned Judge did not accept the final report and took cognizance against the petitioners for offence under Sections 341, 323, 427/34 IPC and Sections 3(1)(r)(s), 3(2)

(va) of SC/ST Act.

Succinctly stated, the facts of the case are that on

22.05.2021, the complainant-respondent No.2 lodged an FIR at Police Station Shiv, District Barmer to the effect that on

11.05.2021, her son Swaroop Ram went outside the home bringing household goods. On the way, accused petitioner No.1 Karni Dan alongwith 20-25 persons assaulted and abused him with caste oriented language. The accused-persons damaged the motorcycle of Swaroop Ram as well. After the said incident, the complainant expected them to reach a compromise for a couple of days, but no one turned on behalf of the accused party. Subsequently, on 14.05.2021, the accused persons rather threatened the complainant using caste abusive language.

On the report, Police registered FIR No.111/2021 and started investigation. Initially, the investigation was done by Dy.SP, Special Cell, SC/ST, Jaisalmer, who, after investigation, found the case proved only against the petitioner No.2 Jogdan. Subsequently, the investigation of the case was transferred to Additional SP, Jaisalmer and thereafter to Additional SP, Civil Rights, Jaipur. Both the Police officers submitted negative final report in the matter before the concerned court to the effect that no offence was found proved against the accused petitioners. However, the trial court vide order dated 19.09.2022 did not accept the final report and took cognizance against the petitioners under Sections 341, 323, 427/34 IPC and Sections 3(1)(r)(s), 3(2)

(va) of SC/ST Act. Hence, this revision petition.

Counsel for the petitioners submits that learned trial court has committed gross error in taking cognizance against the petitioners for the aforesaid offences as there is not an iota of evidence against them. Counsel further submits that initially, the investigation was done by Dy.SP, Special Cell, SC/ST, Jaisalmer, who, after investigation, found the case proved only against the petitioner No.2 Jogdan and subsequently, the investigation was transferred to Additional SP, Jaisalmer and thereafter to Additional SP, Civil Rights, Jaipur and both the Police officers found that offences were not proved against the present accused petitioners and filed a negative final report before the trial court. Moreover, the incident occurred on 11.05.2021 and the complaint was filed on 15.05.2021 and FIR was registered on 21.05.2021. Thus, there was a delay of 10 days in registration of FIR and the said delay has not been explained by the complainant. The Police after investigation, filed the FR on 04.08.2022 and despite service, the complainant did not file any protest petition against the final report. The aforesaid situation shows that a false and frivolous case h