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Rajasthan High Court - Jaipur

Hanumant And Ors vs State Of Rajasthan And Anr on 30 January, 2017

Author: Sabina

Bench: Sabina

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
                     BENCH, JAIPUR

                                  ORDER

         S.B. CRIMINAL MISC. PETITION NO.3314/2016

1. Hanumant S/o Ramkhiladi
2. Narandra S/o Ramkhiladi

3. Mahendra S/o Ramkhiladi
All by caste Jaat, Resident of Village Unapur, Teh. Weir Distt.
Bharatpur (Raj.)
                                  Versus

1. The State of Rajasthan, through the Public Prosecutor.

2. Biri Singh S/o Hari Singh b/c Jatav resident of Nagla Kherli PS Halena Distt. Bharatpur(Raj.) Date of Order: January 30, 2017 HON'BLE MRS. JUSTICE SABINA Mr. G.S. Fauzdar, for the petitioners. Mrs. Meenakshi Pareek, P.P. for the State.

Petitioner has filed this petition under Section 482 Code of Criminal Procedure, 1973 seeking quashing of the FIR No.71/2016 registered at Police Station Halena, District Bharatpur, for offence u/S. 506 Indian Penal Code 1860 and 3(V) (X) Scheduled Castes and Scheduled Tribes (Prevention of Atorcities) Act, 1989 and consequential proceedings arising therefrom.

Learned counsel for the petitioners has submitted that the petitioners have been falsely involved in this case. In-fact, parties are having land dispute and due to this reason petitioners have been falsely involved in criminal cases by the complainant party time and again.

Learned State Counsel, has opposed the petition. Prosecution story, in brief, is that on 15.4.2016 at about 4.30/5.00 p.m. complainant was present in his fields for cultivation purposes. In the meantime, petitioners armed with weapons came to the spot and started abusing the complainant in the name of his caste and threatened him that they would not allow him to cultivate the land. Matter is still under investigation.

Keeping in view the allegations levelled against the petitioners, no ground for quashing of the FIR is made out. Dismissed.

(SABINA),J.

Tanwar/-

P.A. Item No.6