SAMPAT RAM Vs. STATE

JUDGEMENT

(1.) Instant criminal appeal has been filed by the appellant against the order dtd. 12/7/2018 passed by learned Special Judge, SC/ST (Prevention of Atrocities Act) Cases, Churu whereby the learned Judge dismissed the complaint filed by the complainant petitioner.

(2.) Brief facts of the case are that the appellant complainant submitted a complaint before the learned Special Judge, SC/St (Prevention of Atrocities) Act Cases, Churu against the respondent which was sent for investigation to the concerned police station. After investigation the police filed a negative FR that no case is made out. Thereafter, the complainant filed a protest petition before the court below. Another FIR No.136/2018 came to be filed by respondent against the petitioner complainant. In the said FIR also, negative FR was filed by the police.

(3.) The learned court below after hearing both the parties and considering the fact that police has filed negative FR and a compromise has arrived at between the parties, accept the FR in both the FIRs and rejected the complaint filed by the complainant petitioner. Counsel for the appellant submits that without considering the material aspect of the matter, the trial court mechanically rejected the protest petition filed by the appellant on the basis of compromise which is not on record. It is argued that the appellant has clearly stated that the accused respondents knowing that the appellant belongs to Schedule Tribe, hatched criminal conspiracy and implicated the appellant. It is argued that the investigating officer has not investigated the matter in correct perspective and therefore, it is prayed that the matter may be remanded back to the trial court for passing a fresh order in accordance with law.