Disposed

Tag Dan v. State of Rajasthan

Rajasthan HC28 Sept 2022CRLMP/313/2021

Case brief

AI extract

What is this about?

Handled a Criminal Miscellaneous Petition under Section 482 CrPC seeking quashing of an FIR under IPC and SC/ST Act. The court disposed of the petition, staying further proceedings until the charge sheet is filed, while granting liberty to raise legal objections before the trial court.

What did the court decide?

Petition dispatched; liberty to raise legal objections before trial court upon filing of charge sheet.

Tag Dan Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2022)

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(1 of 2)

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[CRLMP-313/2021]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 313/2021

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Tag Dan S/o Late Shri Achal Dan, Aged About 70 Years, By Caste Charan, R/o Saiyad Ka Talla (Saheed Ka Talla), Tehsil Sedwa, P.s. Bijrad, District Barmer (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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Nihal Ram S/o Late Shri Meera Ram, By Caste Bheel, R/o Saiyad Ka Talla (Saheed Ka Talla), Tehsil Sedwa, P.s. Bijrad, District Barmer (Raj.).

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----Respondents

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For Petitioner(s) : Mr. Gulab Singh. For Respondent(s) : Mr Arun Kumar, PP along with Mr. Dharmendra Daukiya, RPS, CI, Chohtan (Barmer).

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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28/09/2022

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The present petition has been preferred by the petitioner under Section 482 of Cr.P.C. for quashing of FIR No.44/2020 lodged at Police Station Bijrad, District Barmer for the offence under Sections 323 & 341 IPC & Sections 3(1)(n), 3(1)(?k) & 3(2) (VA) of SC/ST (Arevention of Atrocities) Act.

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Learned counsel for the petitioner has submitted that the petitioner’s name is not in the FIR. Learned counsel further submits that the present complaint is a counter-blast to his complaint for removal of encroachment. Learned counsel also submits that the place of incident is the house of the complainant and thus, offence of SC/ST could not be attracted.

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(2 of 2)

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[CRLMP-313/2021]

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Learned Public Prosecutor along with the Investigating Officer explain that mutual complaints of encroachment were there and encroachment of both the sides were removed, thus, the counter-blast theory may not be applied.

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Learned Public Prosecutor submits that after thorough investigation, only the SC/ST offence has been made out and no other offence has been made out against the present petitioner. Learned Public Prosecutor further submits that the investigation is complete and the charge-sheet is required to be filed

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The factual report furnished by learned Public Prosecutor is taken on record.

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In view of the above, the present petition is disposed of with liberty to the petitioner to take up all his legal issues, before the learned trial court, at appropriate stage.

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It is needless to say that whenever the charge sheet is to be filed, the petitioner shall be informed in regard thereto, and the petitioner in turn, shall be required to cooperate in the proceedings and shall also be permitted to submit the requisite bail-bonds; in case he fails to do so, the learned trial court shall be free to proceed strictly in accordance with law.

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All pending applications stand disposed of.

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(DR.PUSHPENDRA SINGH BHATI), J.

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87-/Jitender//-

Tag Dan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Tag Dan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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