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Abhay and Others vs State of Rajasthan

Rajasthan High Court · Decided on 6 December 2001 · Citation: (2002) 3 RCR(Criminal) 646 : (2002) 3 RLW 1463 : (2002) 2 WLN 27

HON’BLE JUDGES
K.S. Rathore, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 482 · Penal Code, 1860 (IPC) — Section 323, 336, 341 · Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)
CASE NUMBER
Criminal Miscellaneous Petition No. 1311 of 2001
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Judgment

7 paragraphs · 402 words

Rathore, J.—The present misc. petition u/s 482 Cr.P.C. has been preferred by the petitioner for quashing of FIR No. 313/2001 registered at Police Station Mundawar, District Alwar for offence u/s 323, 341, 336 IPC and Section 3(1)(x) of Schedule Caste and Schedule Tribes (Prevention of Atrocities Act, 1989.

2.

The main content on the learned counsel for the petitioner is that in view of the definition of Section 3(1)(x) of the SC and ST (Prevention of Atrocities) Act, 1989, offence u/s 3(1)(x) cannot be said to be committed by the accused-petitioners and if the offence u/s 3(1)(x) of the aforesaid Act is not made out against the petitioners, the rest of the offences u/s 323, 341 and 336 IPC are bailable offences. In support of his contention learned counsel placed reliance on the judgment (Sheosahai Sharma v. State of Rajasthan) (1), and requested that the aforesaid FIR should be quashed and set aside on this count alone.

3.

Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the FIR as well as judgment referred before me. The judgment referred before me is not applicable to the Instant case. It is further contended by learned counsel for the petitioners that there are cross cases between the parties and no case is made out against the accused- petitioners for which the FIR No. 313/2001 registered at Police Station Mundawar, District Alwar deserves to be quashed and set aside.

4.

Having heard the learned counsel for the petitioner as well as learned Public Prosecutor. I do not find any good reason for quashing the FIR No. 313/2001. The misc. petition is devoid of merit and the same is hereby dismissed.

5.

After passing of this order, learned counsel for the petitioners submits that he do not want to press the quashment of FIR and only wants to direction to the police not to arrest the accused-petitioner No. 3 being a woman for offence u/s 3(1)(a) of the SC and ST (Prevention of Atrocities) Act, 1989 till the finalisation of investigation.

6.

I deem it proper to direct the police not to arrest the accused-petitioner No. 3 during investigation for offence u/s 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, 1989 and in the event of submitting charge sheet against them, they be informed two weeks in advance in a month.

7.

With these observations, the misc. petition stands disposed of.