Honble RATHORE, J.–The present misc. petition under Sec. 482 Cr.P.C. has been preferred by the petitioner for quashing of FIR No. 313/2001 registered at Police Station Mundawar, District Alwar for offence under Sec. 323, 341, 336 IPC and Sec. 3(1)(x) of Schedule Caste and Schedule Tribes (Prevention of Atrocities Act, 1989.

(2). The main content on the learned counsel for the petitioner is that in view of the definition of Section 3(1)(x) of the SC and ST (Prevention of Atrocities) Act, 1989, offence under Section 3(1)(x) cannot be said to be committed by the accused- petitioners and if the offence under Sec. 3(1)(x) of the aforesaid Act is not made out against the petitioners, the rest of the offences under Sec. 323, 341 and 336 IPC are bailable offences. In support of his contention learned counsel placed reliance on the judgment (Sheosahai Sharma vs. State of Rajasthan) (1), and requested that the aforesaid FIR should be quashed and set aside on this count alone.

(3). Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the FIR as well as judgment referred before me. The judgment referred before me is not applicable to the instant case. It is f

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