Swami Labana vs State Of Rajasthan
2022 Latest Caselaw 2520 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 564/2022

Swami Labana S/o Sh. Amba Lal Labana, Aged About 22 Years, Bichiwara Police Station, Bichhiwara, Dist. Dungarpur.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Tulsi Ram S/o Sh. Roop Lal Ji Parmar, Chundawada Falla Ota, Bichhiwara Police Station, Dist. Dungarpur.

                                                                 ----Respondents


For Petitioner            :     Mr. JVS Deora
For Respondent No.1       :     Mr. Mahipal Bishnoi, PP



             HON'BLE MR. JUSTICE VIJAY BISHNOI

                          Judgment / Order

11/02/2022

This criminal misc. petition under Section 482 Cr.P.C. has

been preferred on behalf of the petitioner seeking quashing of the

FIR No.16/2022 of Police Station Bichhiwara, Distt. Dungarpur for

the offence punishable under Section 384 of IPC.

Learned counsel for the petitioner has submitted that though

the FIR was registered for the offence punishable under Section

384 IPC, however, the police has implicated the petitioner for the

offence punishable under Section 3 (2)(VA) of SC/ST Act and on

this account, the petitioner was forced to withdraw his anticipatory

bail before the trial court.

Learned counsel for the petitioner has submitted that from a

bare reading of the FIR, it is clear that no case for the offence

punishable under Section 3 (2)(VA) of SC/ST Act is made out

against the petitioner.

(2 of 2) [CRLMP-564/2022]

Learned Public Prosecutor has submitted the factual report

dated 04.02.2022 prepared by the office of the Deputy

Superintendent of Police, Dungarpur, wherein it is clearly

mentioned that during the course of investigation, no case for the

offence punishable under Section 3 (2)(VA) of SC/ST Act is made

out against the petitioner and in respect of other allegations

investigation is going on.

At this stage, learned counsel for the petitioner has

submitted that as the police has already concluded that no case

for the offence punishable under Section 3 (2)(VA) of SC/ST Act is

made out against the petitioner, he does not want to press this

criminal misc. petition.

Accordingly, this criminal misc. petition is dismissed as not

pressed.

(VIJAY BISHNOI),J 60-Arun/-

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