KULWANT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Criminal Misc. Petition under Section 482 Cr.P.C. has been filed by the petitioners with a prayer for quashing the FIR No.202/2014 dated 23.06.2014 of Police Station, Kesari Singhpur, District Sri Ganganagar, for offence punishable under Sections 430, 447, 307, 511, 147, 148 and 149 of IPC read with Section 3 of SC/ST (Prevention of Atrocities) Act.

(2.) IT is contended by learned counsel for the petitioners that the impugned FIR lodged by the respondent No.2 against the petitioners is nothing but a counterblast of the FIR No.194/2014 dated 16.06.2014 of Police Station, Kesari Singhpur, District Sri Ganganagar lodged at the instance of petitioner No.1. It is contended that in fact on 12.06.2014 at 09:45 PM, when the petitioners were cultivating their fields, the complainant -respondent No.2, along with certain other persons, came to their fields and started quarrel in relation to getting water from the water channel. When the petitioners have reported the incident to the police vide FIR No.194/2014, the complainantrespondent No.2 has lodged the impugned FIR after a delay of about seven days in counter to that FIR. It is submitted by learned counsel for the petitioners that in fact the complainant -respondent No.2 and other persons were aggressors and they have committed the offences as alleged in the FIR No.194/2014 and the petitioners have falsely been implicated in the impugned FIR.

(3.) LEARNED counsel for the petitioners has placed reliance on a decision of Hon'ble Supreme Court rendered in Asmathunnisa Vs. State of Andhra Pradesh and Anr., 2011 11 SCC 259 and has argued that the impugned FIR lodged against the petitioners is liable to be quashed and set aside. Per contra, learned Public Prosecutor has submitted that the allegations levelled in the impugned FIR constitute prima facie case against the petitioners and, therefore, no interference is called for while exercising powers under Section 482 Cr.P.C. Heard learned counsel for the parties as well as learned Public Prosecutor and perused the impugned FIR.