HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 5542/2021

Shyam Lal S/o Shri Kishan Lal Songra, Aged About 40 Years, B/c

Mochi, R/o Chankay Nagar, Lal Sagar, Jodhpur (Raj.)

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr. Yashpal Singh Rajpurohit

For Respondent(s)

:

Mr. S.K. Bhati, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

22/10/2021

The present misc. petition has been filed for quashing of the

order dated 26.08.2021 passed by the learned Additional District

and Sessions Judge No.5, Jodhpur Metropolitan whereby the

application under Section 190 Cr.P.C. preferred by the petitioner

for addition of the offences under Section 3(2)(III,IV,V) of SC/ST

Act has been rejected.

Learned counsel for the petitioner submits that petitioner

belongs to SC community and his shop has been doused in fire.

He, therefore, prays that the offences under the aforesaid sections

of the SC/ST Act should also be added in the present case.

I have considered the submissions made at the Bar and gone

through the impugned order dated 26.08.2021.

Learned trial court while rejecting the application preferred

under Section 190 Cr.P.C. has noted that neither any allegation for

the violation of the SC/ST act was reported in the First

(2 of 2)

[CRLMP-5542/2021]

Information Report nor during the course of investigation, it was

found that any evidence to the effect has been brought on record

showing that there is violation of the SC/ST Act and thus, at the

time of framing of the charge, no charge under SC/ST Act was

framed. The petitioner did not file any application at that time

also. The learned trial court has also noted that since the shop of

the petitioner was doused in fire, specific charges were framed

under Indian Penal Code and the case is being tried for the

offences under which accused was charged. There is no material

on record which shows or suggests that there is any allegation

levelled under the SC/ST Act. Therefore, the learned trial court

was right in rejecting the application preferred by the petitioner

under Section 190 Cr.P.C.

In view of the discussion made above, no interference is

warranted in the order dated 26.08.2021 passed by the learned

trial court.

The misc. petition being bereft of merit, is therefore

dismissed.

(VINIT KUMAR MATHUR),J

70-praveen/-