GOPAL LAL YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal miscellaneous petition under Section 482 of CrPC has been filed for quashing the FIR No.0253/2020 dated 14.05.2020 registered at Police Station Sanganer Sadar, District Jaipur (South) under Section 143, 452, 341, 323 and 427 of IPC and Sections 3(1)(n) and 3(1)( ?) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act of 1989").

(2.) Learned counsel for the petitioners confined his submissions to quashing the FIR qua the offences under the provisions of the Act of 1989 only. Drawing attention of this Court towards the FIR wherein the allegations are that the members of the complainant party were insulted and abused within the four walls of their residence, learned counsel submitted that since the alleged offence was not committed within "public view", the provisions of the Act of 1989 are not attracted. He submitted that the FIR does not reveal that any member of the public was present at the time of alleged incident as well and hence, the FIR in question deserves to be qushed qua the offences under the Act of 1989. Learned counsel relied upon the judgments of the Hon'ble Apex Court of India in case of Hitesh Verma versus The State of Uttarakhand and Anr., (2020) 10 Supreme Court Cases 710, in support of his submissions.

(3.) Learned Public Prosecutor assisted by learned counsel for the complainant submitted that the act leading to offence under the Act of 1989 was committed by the petitioners within the "public view" as is apparent from the site plan and statements of independent prosecution witnesses, members of public; namely, S/shri Mukesh Prajapat, Girraj Sharma and Suresh Meena and hence, the prayer made is not tenable. They relied upon the judgment of the Hon'ble Apex Court of India in case of Swaran Singh and Ors. Versus State through Standing Counsel and Ors., (2008) 8 SCC 435, in support of their contentions. They, therefore, prayed that the petition filed by the petitioners be dismissed.