RAM LAKHAN DISANIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeals have been filed by the appellants under Sec. 14-A (2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment Act, 2015) (for brevity "the Act of 1989") apprehending their arrest in connection with F.I.R. No. 283/2019 registered at Police Station Banipark, District Jaipur (West) for the offence (s) under Ss. 420, 406, 467, 468, 471, 120-B and 109 IPC & Sec. 3(2)(v) of the Act of 1989.

(2.) Learned Counsel for the appellants, inviting attention of this Court towards the contents of the FIR No. 17/2019 dtd. 2/7/2019 lodged by the respondent No. 2/complainant-Dr. Vinod Bathara alongwith other persons as also the contents of the instant FIR No. 283/2019 dtd. 11/9/2019, would submit that for the same incident, he has lodged two FIRs. She submits that in the earlier FIR No. 17/2019, after their arrest, they have already been extended benefit of regular bail under Sec. 439 CrPC. She submits that the subsequent FIR is abuse of the process of law. She further submits that the FIR is bereft of any allegation to constitute an offence under the Act of 1989. She, therefore, prays for benefit of pre-arrest bail for the appellants.

(3.) Although, learned Public Prosecutor assisted by the learned Counsel for the respondent No. 2-complainant opposed the prayer; but, could not dispute that for the allegations levelled in the instant FIR, the complainant has already lodged the FIR No. 17/2019 wherein, the appellants were arrested. It is also not disputed that the FIR is bereft of any allegation to constitute an offence under the Act of 1989.