LAWS(RAJ)-2022-12-18

MOHAN RAM Vs. STATE

Decided On December 13, 2022
MOHAN RAM Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) By way of filing instant criminal appeal challenge has been made to the order dtd. 5/12/2019 passed by learned Special Judge, SC/ST (Prevention of Atrocities Cases), Balotra in F.R. Case No. 29/2018, whereby the protest made by the appellant has been rejected and the negative final report submitted by the investigating agency has been accepted.

(2.) Brief facts necessary for disposal of the instant criminal appeal are that at the behest of appellant a report came to be lodged at Police Station, Sivana on 29/6/2018 alleging, inter alia, that a shop was let out to him by the landlord, in which, he was running a business of ready-made shoes, artificial jewelry, fancy items etc. It is alleged that in the intervening night of 3/6/2018 " 4/6/2018 his shop was set ablazed by accused Bharat Singh, Madan Devasi, Ishvar Singh, Amar Singh, Ratan Singh, Raan Sigh etc. In the morning of 4/6/2018 the appellant came to know regarding the arson caused by the accused. It is alleged in the FIR that fire was not set on account of sort circuit rather it was an intentional mischief caused by the accused. A thorough investigation was conducted by the investigating agency and then it was concluded that the story set out by the appellant in the FIR was not true. Certain logical and valid grounds have been enumerated in the report under Sec. 173 Cr.P.C. and thus a negative final report came to be submitted before the trial court.

(3.) The present criminal appeal is dismissed accordingly. The stay application also dismissed.