1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH JAIPUR
********

S.B.CRIMINAL MISC. PETITION NO.…………./2023

1. MEHBOOB SON OF BABU KHAN;

2. IMRAN SON OF ABDUL SALAM;

BOTH ARE RESIDENT OF MANDOLA WARD, BARAN, DISTRICT

BARAN, RAJASTHAN

......ACCUSED/PETITIONER
VERSUS

1. THE STATE OF RAJASTHAN THROUGH PUBLIC PROSECUTOR;

……NON-PETITIONER/RESPONDENT

2. HEMANT KUMAR @ LAKHAN SON OF PANNALAL, RESIDENT OF

MANDOLA WARD, CHHIPO KA MOHALLA BARAN, DISTRICT

BARAN, RAJASTHAN.

…..COMPLANAINT/RESPONDENT

*********

S.B. CRIMINAL MISC. PETITION UNDER SECTION

482 CR.P.C. FOR QUASHING THE FIR NO.296/2023

WHICH WAS REGISTERED ON 20.05.2023 AT

POLICE STATION KOTWALI BARAN, DISTRICT

BARAN FOR THE OFFECNES UNDER SECTION 341,

323, 504 AND 34 OF THE IPC AND SECTION 3(1)(r),

3(1)(s), 3(2)(Va) OF THE SCHEDULED CASTES AND

THE SCHEDULED TRIBES (PREVENTION OF

ATROCITIES) ACT AGAINST THE PETITIONER.

To,
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THE HON’BLE CHIEF JUSTICE AND HIS OTHER

COMPANION JUDGES OF THE RAJASTHAN HIGH

COURT AT JAIPUR BENCH, JAIPUR.

MAY IT PLEASE YOUR LORDSHIPS;

The humble petitioner respectfully begs to submit as under:-

1. That brief facts of the case are that a report was submitted by
one Hemant kumar @ lakhan at police Station Kotwali Baran,
District Baran stating therein that on 19.05.2023 at around
09:30 PM complainant brother went to market for shopping and
at when he was returning from market at that time petitioner
and other persons blocked is way and started abusing him by
saying caste related words and beaten him. It is also further
alleged therein that when complainant brother came home and
narrated the whole incident then complainant along with other
persons went to the petitioner house for confrontation but
petitioner and other started fighting with them also and persons
from complainant side sustain injuries. On the basis of this facts
FIR No. 56/2022 came to be registered at Police station Jaipur
Airport for the offences under section 341, 323, 504 and 34 of
the IPC and section 3(1)(r), 3(1)(s), 3(2)(va) of the Prevention of
Atrocities of Schedule Caste and Schedule Tribes Act 1989.
Certified copy of FIR No. 296/2023 is being filed herewith and
marked as ANNEXURE-1.

2. That It is pertinent to mention here that true facts were withheld

by the complainant and he crooked false story because
complainant himself along with other persons beaten up the
petitioners and other persons and to cover up the story this false
and fabricated FIR has been logged. It is also pertinent to
mention therein that petitioners logged FIR No.- 295/2023
against complainant under section 307 of the IPC The present
FIR is nothing but the gross misuse of the SC/ST act, petitioners
sustained serious injurious. It is also to be noted here that police
station is also running in the land of the complainant and entire
 3

story has been set up with the help of police. Copy of the FIR
NO.- 295/2023 is being filed herewith and marked as
ANNEXURE-2

3. That now under political pressure police is harassing the

petitioner and intended to make arrest of petitioners while it is
apparent from the record that impugned FIR is nothing but to
counterblast as petitioner lodged the FIR against the
complainant party. The provisions of SC/ST Act have been
incorporated to give safeguard to the members of the particular
community but when provisions of SC/ST Act Are misused then
it raise serious question on the intention of the complainant and
the investigation agency.

4. That the present FIR is nothing more than bundle of lies as

complainant himself is a owner of one restaurant and due to
business rivalry this present FIR has been logged to harass the
present petitioner.

Therefore, feeling aggrieved from the registration of

the aforesaid FIR No. 296/2023 at police Station Kotwali Baran,
District Baran and pending investigation in the same, the
petitioner submits this criminal misc. petition on the following
grounds:-

a. That the impugned FIR is not sustainable in the eye of law being
contrary to the facts and law.

b. That impugned FIR is nothing but to counterblast as petitioner

lodged the FIR against the complainant party. The provisions of
SC/ST Act have been incorporated to give safeguard to the
members of the particular community but when provisions of
SC/ST Act Are misused then it raise serious question on the
intention of the complainant and the investigation agency.

c. That the continuation of further proceedings against the

petitioner would be total waste of court’s precious time and
would be an exercise in futility thus the criminal proceedings
 4

initiated against the petitioner deserves to be dropped and

impugned FIR is liable to be quashed and set aside.

d. That from bare perusal of the FIR, allegations made in the First
Information Report or the complaint, even if they are taken at
their face value and accepted in their entirely, do not prima facie
constitute any offence or make out a case against the petitioners
and the uncontroversial allegations made in the FIR/complaint
and the evidence collected in support of the same do not disclose
the commission of any offence and make out a case against the
petitioners, hence impugned FIR is not sustainable in the eye of
law and liable to be quashed and set aside.

e. That for quashing of the FIR and investigation, in the exercise

of powers under Article 226 of the Constitution of India or
Section 482 Cr.P.C. some guidelines have been given by the
Hon’ble Apex Court in some cases and under these guidelines
this FIR is not sustainable and liable to be quashed because
the same is malafide and has been registered with an ulterior
motive for wreaking vengeance on the accused and with a view
to spite him due to private and personal grudge. In the
present case it is apparent from the facts, circumstances and
documents annexed with this writ petition that this FIR has
been registered with the malafide intention only to harass the
petitioner. For kind perusal of the Hon’ble Court guidelines
framed by the Apex Court in the case of State of Haryana Vs.
Chaudhary Bhajanlal are being reproduced as under :-

i) Where the allegations made in the First Information Report or

the complaint, even if they are taken at their face value and
accepted in their entirely do not prima facie constitute any
offence or make out a case against the accused.

ii) Where the allegations in the First Information Report and

other materials, if any, accompanying the FIR do not disclose a
cognizable offence, justifying an investigation by police officers
under Section 156 (1) of the Code except under an order of a
Magistrate within the purview of Section 155 (2) of the Code.
 5

iii) Where the uncontroverted allegations made in the FIR or

complaint and the evidence collected in support of the same do
not disclose the commission of any offence and make out a
case against the accused.

iv) Where, the allegations in the FIR do not constitute a

cognizable offence but constitute only a non cognizable
offence, no investigation is permitted by a police officer without
an order of a Magistrate as contemplated under Section 155
(2) of the Code.

v) Where the allegations made in the FIR or complaint are so

absurd and inherently improbable on the basis of which no
prudent person can eve reach a just conclusion that there is
sufficient ground for proceeding against the accused.

vi) Where there is an express legal bar engrafted in any of the

provisions of the code or the concerned Act (under which a
criminal proceeding is instituted) to institute and continuance
of the proceedings and/ or where there is a specific provision
in the Code or the concerned Act, providing efficacious
redress for the grievance of the aggrieved party.

vii) Where a criminal proceeding is manifestly attended

with malafide and/or where the proceeding is maliciously
instituted with an ulterior motive for wreaking vengeance on
the accused and with a view to spite him due to private and
personal grudge.

In view of these guidelines the impugned FIR

is not sustainable and liable to be quashed.

f. That impugned FIR has been lodged with the malafide

intention with an ulterior motive for wreaking vengeance on
the accused (petitioners) and with a view to spite them due to
private and personal grudge and therefore impugned FIR is
not sustainable in the eye of law.
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g. That the petitioner craves the indulgence from this Hon’ble

Court to raise other submissions at the time of the hearing of
the case.

PRAYER

It is therefore humbly prayed that Your Lordships

may graciously be pleased to accept this criminal misc.
petition and further be pleased to call for the entire record
relating to the case from the investigating officer and same
may kindly be examined and:

i) That the FIR No. FIR No. 296/2023 at police Station Kotwali
Baran, District Baran may kindly be quashed and set aside.

ii) Any other appropriate relief may also be granted to the

petitioner.

The Humble Petitioner

Through counsels

(RAJVEER SINGH/AVTAR SINGH RATHORE/SHEKHAR SINGH

/KAPIL NAGAYACH)
Advocates
Notes: -

1) No such Misc. petition has been filed previously.

2) Copy of this misc. petition has already been given to the

learned P.P.

3) It has been typed by my private steno who is not staff member

of this Hon’ble High Court on stout papers as pie papers are
not readily available.

4) Matter pertains to Jaipur jurisdiction.

Counsel for the petitioner

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JAIPUR BENCH, JAIPUR
*********

S. B. CRIMINAL MISC. STAY APPLICATION NO……...../2023

IN
S.B.CRIMINAL MISC. PETITION NO.…………./2023

3. MEHBOOB SON OF BABU KHAN;

4. IMRAN SON OF ABDUL SALAM;

BOTH ARE RESIDENT OF MANDOLA WARD, BARAN, DISTRICT

BARAN, RAJASTHAN

......ACCUSED/PETITIONER
VERSUS

3. THE STATE OF RAJASTHAN THROUGH PUBLIC PROSECUTOR;

……NON-PETITIONER/RESPONDENT

4. HEMANT KUMAR @ LAKHAN SON OF PANNALAL, RESIDENT OF

MANDOLA WARD, CHHIPO KA MOHALLA BARAN, DISTRICT

BARAN, RAJASTHAN.

…..COMPLANAINT/RESPONDENT

**********

S.B.CRIMINAL MISC. STAY APPLICATION UNDER

SECTION 482 CR.P.C

TO,
THE HON’BLE CHIEF JUSTICE AND HIS OTHER

COMPANION JUDGES OF THE RAJASTHAN HIGH

COURT AT JAIPUR BENCH, JAIPUR.

MAY IT PLEASE YOUR LORDSHIPS,

The humble applicant begs to submit as under:-

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1. That the petitioner has this day filed a Criminal Misc.

Petition under section 482 Cr.P.C. before this Hon’ble court
in which they have all hope of success.

2. That the petitioner has submitted detailed facts and

grounds in the memo of the Criminal Misc. Petition. To
avoid repetition of the same the petitioner craves leave of
this Hon’ble court that these may also be considered in this
stay application and on the basis of which it is apparent
that further investigation in the impugned FIR is abuse of
the process of law.

3. That in the facts, circumstances and grounds narrated in

the memo of Criminal Misc. Petition, the petitioners have
got very good prima facie case in his favour and as such he
is entitled to get the interim relief from this Hon’ble Court.

It is, therefore humbly prayed that the stay

application of the petitioners may kindly be accepted and
during pendency of this Criminal Misc. Petition further
investigation in the impugned FIR No. 296/2023 at police
Station Kotwali Baran, District Baran against the petitioners
may kindly be stayed.

The Humble Petitioner

Through counsel

(RAJVEER SINGH/AVTAR SINGH RATHORE/SHEKHAR SINGH

/KAPIL NAGAYACH)
Advocates
Notes: -

1. No such stay application has been filed previously.

2. Copy of this application has been given to P.P.

3. It has been typed by my private steno who is not staff

member of this Hon’ble High Court on stout papers as pie
papers are not readily available.

Counsel for the petitioner

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JAIPUR BENCH , JAIPUR
*********
S.B. CRIMINAL MISC. PETITION NO.………./2023

MEHBOOB AND ANR.

VERSUS
STATE OF RAJASTHAN AND OTHERS

SYNOPSIS

 Brief brief facts of the case are that a report was submitted
by one Hemant kumar @ lakhan at police Station Kotwali
Baran, District Baran stating therein that on 19.05.2023 at
around 09:30 PM complainant brother went to market for
shopping and at when he was returning from market at
that time petitioner and other persons blocked is way and
started abusing him by saying caste related words and
beaten him. It is also further alleged therein that when
complainant brother came home and narrated the whole
incident then complainant along with other persons went
to the petitioner house for confrontation but petitioner and
other started fighting with them also and persons from
complainant side sustain injuries. On the basis of this
facts FIR No. 56/2022 came to be registered at Police
station Jaipur Airport for the offences under section 341,
323, 504 and 34 of the IPC and section 3(1)(r), 3(1)(s),
3(2)(va) of the Prevention of Atrocities of Schedule Caste
and Schedule Tribes Act 1989.

 That It is pertinent to mention here that true facts were

withheld by the complainant and he crooked false story
because complainant himself along with other persons
beaten up the petitioners and other persons and to cover
up the story this false and fabricated FIR has been logged.
It is also pertinent to mention therein that petitioners
logged FIR No.- 295/2023 against complainant under
 10

section 307 of the IPC The present FIR is nothing but the
gross misuse of the SC/ST act, petitioners sustained
serious injurious. It is also to be noted here that police
station is also running in the land of the complainant and
entire story has been set up with the help of police.

 That now under political pressure police is harassing the

petitioner and intended to make arrest of petitioners while
it is apparent from the record that impugned FIR is nothing
but to counterblast as petitioner lodged the FIR against the
complainant party. The provisions of SC/ST Act have been
incorporated to give safeguard to the members of the
particular community but when provisions of SC/ST Act
Are misused then it raise serious question on the intention
of the complainant and the investigation agency.

Counsel for the petitioners

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JAIPUR BENCH, JAIPUR
********

S.B. CRIMINAL MISC. PETITION NO.………./2023

MEHBOOB AND ANR

VERSUS
STATE OF RAJASTHAN AND OTHERS.

INDEX

S.NO. PARTICULAR PAGE

NO.

1. MEMO OF THE MISC. PETITION 1 TO

2. MEMO OF STAY APPLICATION TO

DOCUMENTS

ANNEX.1: CERTIFIED COPY OF FIR NO. 296/2023 TO

ANNEX.2: PHOTOCOPY OF FIR NO.- 295/2023 TO

_____________________________________________________________________

COUNSEL FOR THE PETITIONERS