Mula Ram vs State And Ors

Instant revision petition has been filed by the petitioner under Section 397/401 Cr.P.C against the order dated 05.02.2020 passed by learned Special

Judge, SC/ST (Prevention of Atrocities Act) Cases, Pali in FR No. 49/2014 (FIR No. 01/2014) for offence under Section 447, 427 IPC and Section

3(1)(v) of SC/ST (Prevention of Atrocities) Act by which he dismissed the protest petition filed by petitioner and accepted the Final negative report.

Brief facts of the case are that the complainant Mula Ram submitted an application before the Superintendent of Police, Pali to the effect that he is

the Khatedar of revenue land falling in Khasra No. 823 Rakba 0.63 hectare which was given to one Bhoma Ram Meena for cultivation. It was

alleged that the accused persons in order to grab the land started pressurizing the complainant to sell the land. When the complainant refused to sell

the land, the accused persons encroached upon the land and started digging it using JCB machine thus destroying the standing crops.

The said complaint was sent for investigation to the Police Station Sumerpur and FIR No.01/2014 was registered for offence under Section 447, 427

IPC and Section 3(1)(v) of SC/ST (Prevention of Atrocities) Act. The police after investigation filed a negative Final report to the effect that no case

is made out against the respondents No. 2 to 4. Thereafter, a protest petition was filed by the petitioner before the court of Additional Chief Judicial

Magistrate, Sumerpur. The said protest petition as well as FR was transferred from the court of Additional Chief Judicial Magistrate, Sumerpur to the

court of Special Judge, SC/ST (Prevention of Atrocities) Act, Pali. The learned Special Judge, SC/ST (Prevention of Atrocities) Act rejected the

protest petition filed by the petitioner and accepted the Final report filed by the police.

Counsel for the petitioner submits that without considering the material aspect of the matter, the trial court mechanically rejected the protest petition

filed by the petitioner. It is prayed that the matter may be remanded back to the trial court for passing a fresh order in accordance with law.

Learned Public Prosecutor supported the impugned order dated 05.02.2020.

Heard the learned counsel for the parties and perused the order impugned so also the record.

It is not disputed that after thorough investigation, the police submitted a final report to the effect that no case is made out against the respondents No.

2 to 4. Learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases after considering the Final report submitted by the police, rejected the

protest petition. In the opinion of this Court, no plausible ground exists for disbelieving the negative Final report filed by the police after thorough

investigation. Learned court below after considering the entire material on record, has accepted the Final report filed by the police. There is no

illegality or perversity in the impugned order dated 05.02.2020. Hence, this revision petition is hereby dismissed.