AJAY KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition has been filed by the petitioner under Section 482 Cr.P.C. for quashing of the proceedings pending in the Court of Special Judge, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Cases, Jhunjhunu in Sessions Case No.45/2019 for the offences under Sections 332, 353, 504 of IPC and 3(1)(M) & 3(1)(S) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Brief facts of the case are that the complainant lodged an FIR No.0182/2019 at Police Station Sadar Jhunjhunu, District Jhunjhunu for the offences under Sections 332, 353, 504 of IPC and sections 3(1)(M) & 3(1)(S) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in reference to which the petitioner was arrested on 17.06.2019. The police after investigation filed charge-sheet against the petitioner for the offences under sections 332, 353, 504 of IPC and sections 3(1)(M) & 3(1)(S) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The trial court after going through the charge-sheet submitted by the police agency took cognizance against the petitioner for the offences as alleged against him in the charge-sheet and thereafter the trial is going on in Sessions Case No.45/2019 in the Court of Special Judge, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Cases, Jhunjhunu.

(3.) Counsel for the petitioner submits that the present false FIR has been lodged against the petitioner just to implicate him in the non-cognizable offences. Counsel relied upon the order passed by a Co-ordinate Bench of this Court at Principle Seat, Jodhpur in the matter of Jai Jinendra Vs. State of Rajasthan & Anr., S.B. Criminal Misc. (Pet.) No.1531/2018, decided on 20.11.2018