SHABIR KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant misc. petition has been filed by the petitioner for quashing of FIR No. 68/2019 registered at Police Station Desuri, District Pali for offence under Section 307, 332, 353 and 504 IPC.

(2.) Brief facts of the case are that the complainant Constable Rajendra Kumar lodged a FIR on 24.05.2019 at Police Station Desuri, Distt. Pali stating therein that he went on duty to serve the notice at Village Ataliya Dhani. After service of notice, when he was moving towards Narlai, then he saw a tractor trolley being driven by petitioner Shabir Khan who was disabled person. He was carrying illegal gravel sand. When the complainant stopped the tractor and asked the petitioner to come to police station with tractor, suddenly, the petitioner drove the vehicle and hit the complainant due to which the complainant received injuries. The wife of the petitioner Shabir Khan was also present and both went away with the tractor trolley. A case was registered by the police and investigation commenced.

(3.) Counsel for the petitioners submits that the petitioner No. 1 is a disabled and is not in a position to drive the tractor and a false and concocted FIR has been lodged against the petitioner whereas, no such incident as alleged had taken place. It is argued that the FIR has been lodged by the complainant with ulterior motive to harass the petitioners. Therefore, it is prayed that the FIR No. 68/2019 may be quashed. In the alternative, it is argued that wife of the petitioner No. 1 was not at all present and no role has been assigned to petitioner No. 2 wife. It seems that the petitioner No. 2 has been involved in the FIR only to implicate the family of petitioner No. 1, therefore, atleast the FIR lodged against the petitioner No. 2 may be quashed.