- (1.) Petitioners accused Shish Ram and Kailash have preferred this criminal miscellaneous petition u/s. 482 Cr.P.C. for quashing FIR No. 2/2016 registered at Police Station Narainpur (Alwar) for the offences u/s. 323, 341 IPC and Section 3 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (for short SC/ST Act"), qua Section 3 of the SC/ST Act. Brief facts of the case are that a criminal case was registered against the petitioners and other co-accused for the offences u/s. 323, 341 IPC and Section 3 of the ST/ST Act being FIR No. 2/2016, P.S. Narainpur, District Alwar, wherein the investigation is going on. The petitioners have preferred this criminal miscellaneous petition for quashing the FIR No. 2/2016 qua Section 3 of the SC/ST Act.
(2.) Investigating Officer, Shri Parmar Singh, Dy. S.P./C.O., Alwar (Rural) is present in person who submitted factual report of the matter through the learned Public Prosecutor Shri R.S. Raghav, which is taken on record.
(3.) Learned counsel for the petitioners accused submits that false allegations are levelled in FIR for the offence u/s. 3 of the SC/ST Act, there must be an act of accused in public view which is lacking in this matter. Therefore, FIR to the extent of Section 3 of the SC/ST Act may be quashed.;