GEMAR SINGH & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is petition under section. 482 Cr.P. C. filed on behalf of Gemar Singh and Govind Singh, for quashing FIR No. 108/01 of police station Mohangarh, district-Jaisalmer, lodged by one Birbal Ram under section. 3(1)(x) of the Scheduled Castes & Schedule Tribes (Prevention of Atrocities) Act. Before admission, notices were issued to non-petitioner-State of Rajasthan as also to Birbal Ram.

(2.) I have learned counsel for the parties at length as also learned Public Prosecutor and have perused the FIR impugned.

(3.) Learned counsel for the petitioners submitted that even assuming the contents of the FIR to be gospel truth, the necessary ingredients of above offence are not, prima facie, made out against Govind Singh because even according to the FIR, only Gemar Singh was the person who humiliated and absurd the complainant, calling him "dedh, chamar" etc. On the contrary, learned counsel for the non-petitioner-Birbal Ram stated that Govind Singh was also along with Gemar Singh and both of them arrived on a jeep, armed with sword & lathi respectively and both Govind Singh and Gemar Singh abused the complainant and thus, Govind Singh is equally responsible for the acts of Gemar Singh.