PUSHPENDRA SINGH versus STATE & ANR.

High Court of Rajasthan

Indian Supreme Court Cases / Judgements / Legislation

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PUSHPENDRA SINGH v STATE & ANR. - CRLMP Case No. 1124 of 2007 [2007] RD-RJ 3785 (6 August 2007)

S.B.CRIMINAL MISC. PETITION NO. 1124/2007

Date : 06.08.2007

HON'BLE MR. SATYA PRAKASH PATHAK, J.

Mr. N.K. Rastogi for the petitioner.

Mr. O. P. Rathi, Public Prosecutor for the State.

Heard.

Issue Notice.

The contention of the learned counsel is that in the present case the FIR is required to be quashed for the simple reason that ingredients of the provisions of SC/ST Act are infact not at all attracted as in the complaint it has nowhere been stated that the complainant is a person belonging to SC/ST community or that the petitioner purposely abused him. According to the learned counsel, in the above circumstances, the only offence which remains against the accused petitioner is under Sec.323 and 324 IPC.

List the matter for final disposal after two months. The learned Public Prosecutor present in the Court is directed to produce the case diary on the next date of hearing.

In the meanwhile, the petitioner shall not be arrested in

FIR No.132/07 PS Kushalgarh but he shall present himself for interrogation before the Investigating Officer/SHO within a period of 15 days from today.

(SATYA PRAKASH PATHAK), J.

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