Devi Lal Gameti vs State Of Rajasthan And Others

Farjand Ali, J

The instant Criminal Revision Petition has been filed against the order dated 08.08.2018 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur in FR No.18/2016 (arising out of FIR No.308/2016 registered at the Police Station Amba Mata, Udaipur).

None present for the petitioner. Heard learned Addl. Government Advocate for the State and perused the material available on record.

It is reflecting from the record that upon a complaint made by the petitioner, the same was sent under Section 156(3) Cr.P.C. for lodging of the FIR. The matter has been investigated thoroughly. It was observed that there was no medical report in support of the allegation of giving beatings to the petitioner. There was a civil suit pending between the petitioner and the complainant and the FIR came to be lodged during pendency of said civil suit. Thus, endorsing several grounds in support of the report, a negative final report came to be submitted by the official concerned. Upon the protest made by the petitioner, the learned trial Judge instead of initiating inquiry heard the arguments and dismissed the protest petition. It is reflecting that in the protest petition, the complainant had specifically pleaded that the investigation was not conducted fairly and even the statements of the witnesses were not recorded truly. Besides this, it is averred that he wanted to produce his witnesses before the Court however, the learned trial Judge instead of initiating inquiry under Sections 200 and 202 Cr.PC.; has straightway heard the protest petition and rejected the same which in my view, is not appropriate. Upon receipt of a negative final report and moving a protest petition, it is expected from the learned trial Judge to treat the same as a complaint and then he is supposed to proceed with the provisions contained under Sections 200 & 202 of the Cr.P.C. Having not done so, the learned Judge has committed an error of law in passing the order impugned, therefore, the same deserves to be set aside.

Accordingly, the instant revision petition is allowed. The order dated 08.08.2018 passed by the learned Special Judge, SC/ ST (Prevention of Atrocities) Act Cases, Udaipur in FR No.18/2016 is hereby quashed and set aside. The matter is remanded back to the learned trial Court for deciding the case afresh in accordance with the settled principles of law.

Record of the court below be sent back forthwith.