JUDGMENT 1. - This is petition under section. 482 Cr.P. C. filed on behalf of Gemar Singh and Govind Singh, for quashing FIR No. 108/01 of police station Mohangarh, district-Jaisalmer, lodged by one Birbal Ram under section. 3(1)(x) of the Scheduled Castes & Schedule Tribes (Prevention of Atrocities) Act. Before admission, notices were issued to non-petitioner-State of Rajasthan as also to Birbal Ram. 2. I have learned counsel for the parties at length as also learned Public Prosecutor and have perused the FIR impugned. 3. Learned counsel for the petitioners submitted that even assuming the contents of the FIR to be gospel truth, the necessary ingredients of above offence are not, prima facie, made out against Govind Singh because even according to the FIR, only Gemar Singh was the person who humiliated and absurd the complainant, calling him "dedh, chamar" etc. On the contrary, learned counsel for the non-petitioner-Birbal Ram stated that Govind Singh was also along with Gemar Singh and both of them arrived on a jeep, armed with sword & lathi respectively and both Govind Singh and Gemar Singh abused the complainant and thus, Govind Singh is equally responsible for the acts of Gemar Singh. 4. The settled legal position is that where the allegations made in the FIR or complaint, even taken at their face value and accepted in their entirety, do not prima facie constitute any offence or make out any case against the accused, the FIR can be quashed. Where the criminal proceedings is manifestly tainted with mala fides and/or maliciously instituted with ulterior motive for wrecking vengeance on the accused and due to spit him on account of private and/or personal" grudge, the FIR can be quashed. The above test is not exhaustive and is illustrative only, as held in T.T. Anthony v. State of Kerala, JT 2001 (5) SC 440 among others. 5. In the matter at hand, in the FIR itself, it has not been stated that Govind Singh also called the complainant "dedh, chamar" etc. though he was with Gemar Singh, who called the complainant with above terms and humiliated him. In such a situation, prima facie, no offence under SC/ST Act is made out against Govind Singh. The FIR in question, so far as Govind Singh is concerned, is quashed. 6. The investigation is in progress. though he was with Gemar Singh, who called the complainant with above terms and humiliated him. In such a situation, prima facie, no offence under SC/ST Act is made out against Govind Singh. The FIR in question, so far as Govind Singh is concerned, is quashed. 6. The investigation is in progress. The Investigating Officer will not get influenced with anything in this order with respect to Gemar Singh and will proceed according to law.The misc. petition stands disposed of accordingly.Petition disposed of. *******