Gopal Krishan Vyas, J. - (1.) Heard learned counsel for the petitioner. By way of filing the present petition under Section 482, Cr.RC. the petitioners seek to assail the FIR, registered against them for alleged offences under Sections 307/ 341, 323, 324 and 34 I.PC., read with Section 3(1 )9x) of the SC/ST (Prevention of Atrocities) Act to the extent of offence alleged under Section 3(1 )(x), SC/ST (Prevention of Atrocities) Act.
(2.) Learned counsel for the petitioners contended that as per the allegation for committing offence under Sections 3(1 )(x), SC/ST (Prevention of Atrocities) Act, the allegation has been levelled against them that, which in itself, does not constitute any offence under the said Act under Section 3(1 )(x) because the complainant belongs to the cast of Majhabi Sikh whereas as per the allegation the petitioners used the word "chuhada" which his another caste under the Scheduled Castes, therefore, as per argument of learned counsel for the petitioners, using a cast term cannot be defined as an offence under Section 3(1 )9x). He argued that it cannot be presumed that the said word was used for insulting the complainant at a public place by the petitioners. He contended that the FIR requires to be quashed to the extent the prosecution has purposely inserted particular section in the FIR to disentitle and handicap the accused from the benefit of anticipatory bail. He placed reliance upon the judgment of this Court in Gemar Singh & Another v. State of Rajasthan & Another, reported in 2002(2) R.Cr.D. 401 (Raj.) . Learned counsel for the petitioners lastly contended that the whole FIR is aimed at maligning the prestige of the petitioners in the town.
(3.) Learned counsel for the complainant as well as learned Public Prosecutor vehemently argued that if the allegations in the FIR prima facie disclose an offence, it is matter of investigation and it is settled law that in exercise of inherent power this Court should not cut short the investigation. Learned Public Prosecutor emphatically submitted that most of the investigation has already been made in this case and, moreover, the petitioners have also been arraigned for offences punishable under the Indian Penal Code, therefore, at the stage, no interference by this Court in the investigation is warranted.;