CRLMP1883/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Petition No.1883/2010 Naresh and Pooja Vs. State of Rajasthan through PP Date of Order ::: 26.10.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Sharad Purohit, Counsel for petitioners Shri Piyush Kumar, Public Prosecutor Shri Chhotu Lal Meena, Dy. S.P., Shahabad, District Baran, present-in-person #### By the Court:- This petition under Section 482 Cr.P.C. has been filed by accused-petitioners for quashing F.I.R. on ground that provisions of Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act') have been wrongly added to FIR because complainant is not a member of Scheduled Castes. Learned counsel cited judgment of Supreme Court in Gorige Pentaiah v. State of A.P. And Others – 2009 Cri.L.J. 350 to argue that when basic ingredients of alleged offence under provisions of the Act are not made out, F.I.R. should be quashed. Learned counsel also cited copy of 'jamabandi' showing name of CRLMP1883/2010 // 2 // complainant whose daughter was allegedly abducted, to show that complainant is not a member of Scheduled Castes. This Court by its order dated 06.10.2010 summoned Investigating Officer and granted him liberty to show any document to contrary. Shri Chhotu Lal Meena, Dy. S.P., who is present in person, states that so far enquiry held revealed that complainant is a member of Scheduled Castes. Learned Public Prosecutor also sought to cite a certificate issued by Tehsildar, Shahabad, District Baran. This then becomes a contentious issue and first information report cannot be quashed simply because accused- petitioners approached this court to entertain such enquiry into the matter to predetermine the issues of either of parties. Major consideration for quashment of FIR as enunciated by Supreme Court in State of Haryana Vs. Bhajan Lal - AIR 1992 SC 604, is that FIR can be quashed only even if contents thereof, when accepted in entirety, do not disclose any offence. This case cannot be said to fall in that category. It however goes without saying that investigating agency while undertaking investigation of the matter would look into the CRLMP1883/2010 // 3 // material/evidence provided by accused to show that complainant is not a member of Scheduled Castes, while arriving at final conclusion. This petition is dismissed, however, with aforesaid observation. (Mohammad Rafiq) J. //Jaiman//