RANJEET KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition under Sec. 482 Cr. P.C. has been filed by the petitioner- complainant Ranjeet Kumar for assailing the order dtd. 25/8/2022 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Kota rejecting the criminal revision (No. 01/2021) preferred by him and affirming the order dtd. 9/3/2021 passed by learned Judicial Magistrate, No. 7, Kota in regular CIS No. 1653/2017 (FR No. 159/2017) whereby the learned trial court while accepting the FR filed by the investigating agency, rejected the protest petition filed by the petitioner - complainant.

(2.) Brief facts of the case are that the petitioner-complainant submitted a complaint in the court of learned Addl. Chief Judicial Magistrate No. 7, Kota inter alia alleging that his marriage with the respondent No. 2 Pinky Mahawar was solemnized in the year 2011. However, she has been residing with her parents since 2013 and she has lodged several false and frivolous cases against him. It was alleged in the complaint that the accused/respondent No. 2 has been receiving pension under the scheme of Rajasthan State Government from Social Justice and Empowerment Department. She is also receiving pension for her daughter under Palanhar Pension Scheme. It is claimed in the complaint that she is not entitled for pension benefits and has been getting the same on the basis of false and fabricated documents. It has been alleged in the complaint that the respondent No. 2 has lodged cases for domestic violence but in none of the case, she has mentioned this fact of receiving family pensions.

(3.) The learned trial court forwarded the complaint to the Police Station Nayapura for investigation under Sec. 156(3) Cr. P.C. After investigation, the police found the complaint to be false and submitted a negative final report before the learned court concerned against which, the petitioner filed a protest petition and examined himself as witness and prayed the learned trial court to take cognizance against the respondent No. 2 for offences under Ss. 420, 467, 468 and 471 IPC. The learned trial court after hearing arguments from both the sides, rejected the protest petition filed by the petitioner and accepted the negative final report filed by the police vide order dtd. 9/3/2021. Being aggrieved of the order dtd. 9/3/2021, the petitioner filed a revision petition (No. 01/2021) before the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Kota. However, the learned revisional court, too vide its order dtd. 25/8/2022 dismissed the revision petition filed by the petitioner and affirmed the order dtd. 9/3/2021 passed by the learned trial court. Hence this misc. petition.