SUMRATHYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SUMRATHYA has filed this application under section 438 Cr. P. C. for issue of directions to the Station House Officer, Police Station Rajgarh, District Alwar, to release the accused-petitioner on bail if apprehended, under section 438, Cr. P. C. , in F. I R. 53/81, and Criminal Complaint No. 893/81 pending in the Court of Special Magistrate, Alwar, for the offences under sections 323,436, and 504 I. P. C.

(2.) THE petitioner has also prayed that the Special Magistrate, Alwar be directed to convert non-bailable warrants into bailable warrants issued in this case. According to Mst. Nangi, widow of Ramphool, while she was preparing her meal, applicant Sumrathya came there and abused her like anything. Applicant caught hold of her, grappled with her and then set fire to her Chhapar, as a result of which, the said Chhapar and goods were burnt.

(3.) I have carefully considered the above submissions of the learned counsel for the parties, and have also gone through the record of the lower court. The applicant-accused is elder brother of the husband of the complainant. The complainant is a widow. It is difficult to appreciate that a helpless widow would concoct such a false case against her husband's brother and there would be such a voluminous smoke without the slightest fire. The mere fact that the police has given final report, is not enough to reject the prosecution case as the legislature has not given the veto' power to the police but the Magistrate under the provisions of the Code of Criminal Procedure is competent to reject the final report and take cognizance. This is precisely what has been done in this case.