RAM KISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has been filed challenging the Order of the Rajasthan High Court whereby the First Information Report (for short 'FIR') No.217 of 2006 lodged by the appellant against the respondent no.3 under Sections 332 and 353 of the Indian Penal Code (for short 'IPC'), has been quashed in a petition under Section 482 of the Criminal Procedure Code (for short 'Cr.P.C.') filed by the respondents no. 2 and 3.

(3.) Briefly stated, the facts of this case are that the appellant, who is a Police Constable, along with a Sub Inspector of Police and another Constable, were checking the vehicles passing by on the road in the evening on 21.07.2006, when at about 09:15 pm, one motorcycle was stopped, and when the rider (Deepak Gupta) was asked about the papers of the vehicle, instead of showing the papers, on the pretext of talking over mobile phone, he fled away and returned after about 20 minutes along with two ladies in one Maruti Car, one of whom was the respondent no.3-Ms. Ratna Gupta and the other was respondent no.2-Ms. Usha Gupta. The said Ms. Ratna Gupta, who was herself an Inspector in Rajasthan Police, alighted from the car and uttered caste related abuses to the appellant, and asked that what power did the appellant have to stop the motorcycle despite her (Ratna Gupta's) name having been taken. She then caught hold of the collar of the appellant, slapped and beat him, and thereafter fled away from the place. An FIR No.217 of 2006 of the said incident was lodged by the appellant on 21.07.2006 at 09:45 pm.