SBCRLMP No.2073/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CRIMINAL MISC.PETITION NO.2073/2010. Tarun Kumar Singhal Vs. State of Rajasthan & Anr. Date of order : 3/11/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Smt. Suman Sharma for the petitioner. Shri N.R. Saran, Public Prosecutor for State. ****** BY THE COURT:- This petition under Section 482 Cr.P.C. has been filed with the prayer that FIR No.89/2010 dated 21/3/2010 registered at Police Station Pratap Nagar, Jaipur City (East) for offence u/S.448 IPC and Section 3(1)(v) of Prevention of Atrocities on Scheduled Castes and Scheduled Tribes Act, 1989 (for short, “Act of 1989”) be quashed and set-aside. It is contended that FIR has been lodged at the instance of respondent No.2 on the allegation that petitioner has tried to trespass over the land bearing Plot No.148A owned by respondent No.2 and has started construction in that plot whereas, fact is that brother of the petitioner is owner of the adjoining plot bearing Plot No.148B and complainant with certain persons SBCRLMP No.2073/10. 2 came to the shop of the petitioner situated at Tonk Road and asked the petitioner to sell his Plot No.148B to him and when petitioner declined, he threatened the petitioner to face dire consequences by using filthy language and man handled him and threw some goods outside the shop. In FIR No.196/2010 lodged by the petitioner at Police Station Bajaj Nagar, Jaipur City (East), challan has been filed against respondent No.2. Respondent No.2 being Income-Tax Commissioner is exerting the pressure on the investigating agency to file challan against the petitioner under Section 3(1)(v) of the Act of 1989 whereas, there is no allegation in FIR No.89/2010 dated 21/3/2010 for commission of that offence. It is contended that police under pressure and influence of respondent No.2, might file challan against the petitioner whereas, FIR was only for commission of offence u/S.448 IPC which too is not made out against the petitioner because petitioner never trespassed over Plot No.148A nor did he raise any construction. Learned Public Prosecutor has opposed the petition and submitted that allegation that police is acting under the influence of respondent No.2- Bhagwan Ram is falsified from the fact that challan has been filed in FIR No.196/2010 lodged SBCRLMP No.2073/10. 3 by the petitioner against respondent NO.2. Fair and impartial investigation would be conducted in FIR No.89/2010 dated 21/3/2010 registered at Police Station Pratap Nagar, Jaipur City (East) lodged against the petitioner. There is no reason to believe that police would file challan against the petitioner with the aid of Section 3(1)(v) of the Act of 1989 just because respondent No.2 happens to be a member of Scheduled Tribes without making any proper investigation or without the evidence being adduced. Having regard to the facts and circumstances of the case, police ought to ensure fair investigation of the matter looking to the fact that initial allegation against the petitioner was that he illegally trespassed over the land of respondent No.2 and thereby, committed offence u/S.448 IPC and not of Section 3(1)(v) of the Act of 1989. The police can find out whether or not such trespass is actually made and if the allegation is false, police can independently form an opinion even for not filing challan against the petitioner. It is premature to assume that police would file challan against the petitioner with the aid of Section 3(1)(v) of the Act of 1989 just because respondent No.2 happens to be a member of Scheduled Tribes. Petitioner should approach the SBCRLMP No.2073/10. 4 Superintendent of Police concerned, who shall ensure fair investigation into the matter. This criminal misc.petition under Section 482 Cr.P.C. is accordingly dismissed with the aforesaid observation. Petitioner however shall not be arrested during investigation till a final opinion is formed by the Investigation Officer. (MOHAMMAD RAFIQ), J. anil SBCRLMP No.2073/10. 5 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CRIMINAL MISC.STAY APPLICATION NO.1948/2010. in S.B. CRIMINAL MISC.PETITION NO.2073/2010. Tarun Kumar Singhal Vs. State of Rajasthan & Anr. Date of order : 3/11/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Smt. Suman Sharma for the applicant-petitioner. Shri N.R. Saran, Public Prosecutor for State. ****** BY THE COURT:- Consequent upon disposal of the main petition, this stay application does not survive and the same is accordingly dismissed. (MOHAMMAD RAFIQ), J. anil