LAWS(RAJ)-2022-5-488

NANDKISHORE Vs. STATE OF RAJASTHAN

Decided On May 19, 2022
NANDKISHORE Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The present criminal appeal under Sec. 14A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 has been filed in connection with FIR No.91/2022 registered at Police Station Chaksu, Jaipur City (North) for the offences under Ss. 143, 323, 341, 336 and 504 of IPC and under Ss. 3(1)(R)(S), 3(2) (va) SC/ST Act.

(2.) Learned counsel for the appellants submits that appellants have been wrongly implicated in this case. A bare reading of FIR, offence of SC & ST Act is not made out against the appellants. Learned counsel for the appellants also submits that villagers had complained against Shankarlal for encroachment of land. So due to enmity, present FIR was lodged. Nothing is to be recovered from the appellants. So, appellants be enlarged on anticipatory bail.

(3.) Learned counsel for the appellants relied upon the judgments in Hitesh Verma Vs. The State of Uttrakhand & Anr.; Criminal Appeal No.707 of 2020 (Arising out of SLP (Criminal) No.3585 of 2020), Smt. Reena Vs. State of Rajasthan, through PP. & Anr.; S.B. Criminal Appeal No.72/2022, Pavas Sharma Vs. State of Chhattisgarh, through - The Station House Officer and Anr.; 2021 SCC OnLine Chh 288 : (2021) 2 CGLJ 228; CRA No.806 of 2020 and Khuman Singh Vs. State of Madhya Pradesh; (2020) 18 SCC 763; Criminal Appeal No.1283 of 2019.