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2021 Supreme(Raj) 1048

MAHENDAR KUMAR GOYAL
Gopal Lal Yadav – Appellant
Versus
State of Rajasthan, through Pp – Respondent


Advocates Appeared:
For the Petitioners: Mr. Rajesh Goswami with Mr. Shubham Bhati
For the Respondents: Mr. Atul Sharma, P.P.
For the Complainant : Mr. Amit Ratnawat

JUDGMENT :

MAHENDAR KUMAR GOYAL, J.

This criminal miscellaneous petition under Section 482 of CrPC has been filed for quashing the FIR No. 0253/2020 dated 14.05.2020 registered at Police Station Sanganer Sadar, District Jaipur (South) under Section 143, 452, 341, 323 & 427 of IPC and Sections of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the Act of 1989”).

2. Learned counsel for the petitioners confined his submissions to quashing the FIR qua the offences under the provisions of the Act of 1989 only. Drawing attention of this Court towards the FIR wherein the allegations are that the members of the complainant party were insulted and abused within the four walls of their residence, learned counsel submitted that since the alleged offence was not committed within “public view”, the provisions of the Act of 1989 are not attracted. He submitted that the FIR does not reveal that any member of the public was present at the time of alleged incident as well and hence, the FIR in question deserves to be qushed qua the offences under the Act of 1989. Learned counsel relied upon the judgments of the Hon'ble Apex Court of India in case of Hites

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