BANWARI LAL GURJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Present appeal is preferred under Sec. 14A(1) of SC/ST (POA) Act aggrieved from order dtd. 11/5/2022 passed by learned Special Judge (SC/ST (POA) Act Cases), Sawaimadhopur whereby learned trial Court had proceeded to take cognizance against the appellants under Ss. 379 and 447 IPC and Ss. 3(1)(f), 3(1)(g) and 3(2)(va) of SC/ST (POA) Act.

(2.) Succinctly stated, on the basis of an incident allegedly on 24/3/2019, 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 Ss. 379 and 447 IPC and Ss. 3(1)(f), 3(1)(g) and 3(2)(va) of SCT/ST (POA) Act. Hence this appeal.

(3.) 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 for closure of the case but learned trial court had failed to appreciate the fact that no case was found proved by police. He further submitted that the person named as driver had not supported the case of complainant and moreover no eye-witness was named in the FIR in the statement of complainant. He further submitted that dispute was of drainage between the fields of appellants and respondent and respondent wanted to encroach upon the land of this drainage. He further submitted that the incident reported by complainant is thoroughly false and not confirmed by anyone. He further submitted that learned trial Court had failed to appreciate the fact that in case of negative FR, the court is required to meticulously examine the evidence so produced by complainant for taking cognizance. He further submitted that the site plan further suggested that the straw crop of complaint is lying on his field itself and the evidence collected by police further suggested that complainant after getting seeds from crop just left the residue straw on the spot. He further submitted that grounds of final report are required to be considered by learned trial court but it failed to consider the same. He further submitted that order of cognizance was not in consonance with settled proposition of law therefore it is liable to be set a side.