JUDGMENT 1. - This is a petition under Section 482 Cr.P.C. to quash HR No. 69/96 of police station Baradwa registered under Sections 452, 332, 353 IPC and Section 3(10) of SC/ST Act. 2. I have heard learned counsel for the petitioners Shri G.R. Punia as well as Shri A.K. Acharya counsel for complainant and learned Public Prosecutor. 3. On 1.7.1996 Shrawan Lal Head Constable submitted a written report that in the intervening night of 30.6.1996 and 1.7.1996 when he was doing some official work in his room at police station Baradwa Magraj santry was on duty at the main gate of police station. At about 11.30 P.M. he heard the noise as `leave the rifle, leave the rifle'. Shrawan Lal went there and found that Bhanwara Ram, his son Mahendra and one Vikram entered into the main gate of police station and tried to snatch the rifle from the santry. They were hurling abuses to the santry with respect to his caste. When the complainant intervened he also abused, and filthy abuses were hurled against staff of the police station. There was much hue and cry and other members of the staff of police station also arrived. On seeing them the miscreants ran away. 4. Learned counsel for the petitioners submitted that he withdraws the prayer to quash FIR. He is right because it is in very rare cases that FIR can be quashed as held in State of H.P. v. Pirthi Chand & Anr., 1996 Cr.LR (SC) page 61. In another Supreme Court judgment, State of Haryana v. Ch. Bhajan Lal & Ors., AIR 1992 SC page 604 , it has been held that the prosecution can be quashed if it is so absurd which no ordinary person of ordinary prudence will believe it to be correct. Therefore, the FIR cannot be quashed. 5. The last prayer of the learned counsel for the petitioners is that this Court in many reported and unreported judgments in such cases has passed order that the accused petitioner will not be arrested during the investigation for offence under the SC/ST Act and such an order may be passed in this case. Learned Public Prosecutor does not oppose it. 6. Consequently, the petition under Section 482 Cr.P.C. is hereby dismissed.
Learned Public Prosecutor does not oppose it. 6. Consequently, the petition under Section 482 Cr.P.C. is hereby dismissed. However, the Investigating Officer is directed not to arrest the accused petitioners for offence under Section 3(10) of SC/ST Act during the investigation.Petition dismissed. *******