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2016 DIGILAW 400 (RAJ)

Shish Ram v. State of Rajasthan

2016-03-10

BANWARI LAL SHARMA

body2016
JUDGMENT : Banwari Lal Sharma, J. Petitioners accused Shish Ram and Kailash have preferred this criminal miscellaneous petition u/s 482 Cr.P.C. for quashing FIR No.2/2016 registered at Police Station Narainpur (Alwar) for the offences u/s 323, 341 IPC and section 3 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (for short SC/ST Act"), qua section 3 of the SC/ST Act. 2. Brief facts of the case are that a criminal case was registered against the petitioners and other co-accused for the offences u/s 323, 341 IPC and section 3 of the ST/ST Act being FIR No.2/2016, P.S. Narainpur, District Alwar, wherein the investigation is going on. The petitioners have preferred this criminal miscellaneous petition for quashing the FIR No.2/2016 qua section 3 of the SC/ST Act. 3. Investigating Officer, Shri Parmar Singh, Dy. S.P./C.O., Alwar (Rural) is present in person who submitted factual report of the matter through the learned Public Prosecutor Shri R.S. Raghav, which is taken on record. 4. Learned counsel for the petitioners accused submits that false allegations are levelled in FIR for the offence u/s 3 of the SC/ST Act, there must be an act of accused in public view which is lacking in this matter. Therefore, FIR to the extent of section 3 of the SC/ST Act may be quashed. 5. Per contra, the learned Public Prosecutor Shri Raghav submits that after investigation, offence u/s 323, 341, 34 IPC and 3 (1)(10), SC/ST Act is made out against the petitioners and other co-accused. 6. He submits that the complainant party belongs to Scheduled Caste and the act of accused persons comes within the per-view of section 3(10) of the SC/ST Act. Therefore, no question arises for quashing the FIR. 7. I have considered the submissions made at bar and perused the available record. 8. In the case of State of Haryana & Ors. v. Ch. Bhajan Lal & Ors., 1992 Suppl (1) SCC 335 the Hon'ble Supreme court framed the grounds on the basis of which the FIR can be quashed. The Hon'ble Supreme Court, in para No.105, observed as under:- "105. 8. In the case of State of Haryana & Ors. v. Ch. Bhajan Lal & Ors., 1992 Suppl (1) SCC 335 the Hon'ble Supreme court framed the grounds on the basis of which the FIR can be quashed. The Hon'ble Supreme Court, in para No.105, observed as under:- "105. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extra-ordinary power under Article 226 or the inherent powers Under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any Court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised. 1. Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. 2. Where the allegations in the First Information Report and other materials, if any, accompanying the F.I.R. do not disclose a cognisable offence, justifying an investigation by police officers Under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. 3. Where the un-controverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. 4. Where, the allegations in the F.I.R. do not constitute a cognisable offence but constitute only a non-cognisable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated Under Section 155(2) of the Code. 5. Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. 6. 5. Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. 6. Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. 7. Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge." 9. In the case in hand, from perusal of the FIR and arguments advanced by the learned counsel for the petitioners, none of the grounds exists for quashing the FIR. Therefore, there is no question for quashing FIR to the extent of section 3 of the SC/ST Act. 10. Therefore, this criminal miscellaneous petition as well as stay application being devoid of merits, are hereby dismissed.