PHOOL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These petitions have been filed by the petitioners-accused under Sec. 482 of the Criminal Procedure Code to quash the FIR No.279/2022 registered at Sukher Police Station, District Udaipur for the offences under Ss. 143, 341, 323, 307, 447, 427, 379, 354 of the Indian Penal Code and Ss. 3(1)(r), 3(1)(s), 3(1)(w)(i) and Sec. 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) The factual matrix are that the respondent no.2 Deepak Goad lodged the present F.I.R. against the petitioners and some others alleging, inter alia, that complainant is a driver of one Mahendra Surana. A function of Prashadi and Plantation was proposed to be organized by Mahendra Surana at his land situated in Raya Village on 15/5/2022. In this regard, complainant, his employer and family members of the employer went to the said place in a car on 13/5/2022. While the preparations of above function were undergoing, some people namely Phool Singh, Kan Singh, Mohabbat Singh, Narayan Singh, Bhagwant Singh, Prem Singh, Salam Singh, Khuman Singh, Inder Singh, Rajendra Sali Advocate, Niranjan Singh, Khushpal Singh and Dalpat Singh were roaming around there in the afternoon. They started abusing and harassing the complainant's employer and his family. However, because of forthcoming function his employer did not take any action against these persons. Thereafter in the midnight of 13/5/2022 and 14/5/2022 above named persons came with rods, swords, sticks, knifes and other deadly weapons and started giving beating to the people present there including the security personnels deputed/employed on the spot by Mahendra Surana. In the course of quarrel Anju Shekhawat, Usha Meghwal, Mukesh Kumar Joshi, Sumer Singh Jala, Nirmal Nagda and 2-3 other persons received injuries. When accused person came to know that Usha Meghwal belongs to a scheduled caste they started abusing her in the name of caste and outraged modesty of Anju Shekhawat and Usha Meghwal. They also damaged the property lying over the spot including coolers, water camper, motor-bike, tent and light etc. They stole mobile phones and one gold chain also while leaving the place of occurrence. After lodging of the said FIR police commenced investigation which is still pending. The petitioners have approached this Court to quash the instant F.I.R.

(3.) Shri C.S. Kotwani, learned counsel for the petitioners has vehemently contended that the impugned FIR has been lodged by the complainant only with intention to harass the petitioners; that investigation against the petitioners in the present F.I.R. is illegal which amounts to gross abuse of process of the Court; that one of the accused Salam Singh, who was named in the F.I.R. died way back in the year 2005, however, he has been stated as one of the person present on the spot of occurrence and to be among the perpetrators of the incident, which proves this case to be false and concocted right from its very inception.