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2021 Supreme(SC) 214

S. A. BOBDE, L. NAGESWARA RAO, VINEET SARAN
Ram Kishan – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Rishi Matoliya, AOR
For the Respondent:Dr. Manish Singhvi, Sr. Adv. Mr. Milind Kumar, AOR Respondent-in-person

JUDGMENT :

1. Leave granted.

2. This appeal has been filed challenging the Order of the Rajasthan High Court whereby the First Information Report (for short ‘FIR’) No.217 of 2006 lodged by the appellant against the respondent no.3 under Sections 332 and 353 of the Indian Penal Code (for short ‘IPC’), has been quashed in a petition under Section 482 of the Criminal Procedure Code (for short ‘Cr.P.C.’) filed by the respondents no. 2 and 3.

3. Briefly stated, the facts of this case are that the appellant, who is a Police Constable, along with a Sub Inspector of Police and another Constable, were checking the vehicles passing by on the road in the evening on 21.07.2006, when at about 09:15 pm, one motorcycle was stopped, and when the rider (Deepak Gupta) was asked about the papers of the vehicle, instead of showing the papers, on the pretext of talking over mobile phone, he fled away and returned after about 20 minutes along with two ladies in one Maruti Car, one of whom was the respondent no.3 Ms. Ratna Gupta and the other was respondent no.2Ms. Usha Gupta. The said Ms. Ratna Gupta, who was herself an Inspector in Rajasthan Police, alighted from the car and uttered caste related abuses t

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