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Judgment
This criminal misc. petition under Section 482 Cr.P.C. has been filed on behalf of the petitioner with a prayer for quashing the FIR No.573/2017 of Police Station Nimbahera, District Chittorgarh for the offences punishable under Sections 295-A, 296, 323 and 336 IPC.
The impugned FIR has been lodged by the respondent No.2 while alleging that when the procession of Rabi Ul Awwal (रबी उल अव्वल) reached at Moti Bazar Nimbahera, in which several persons were participating, then suddenly from the terrace of shop of Suresh of Fatehnagar somebody threw dirty water on the procession and when the members of a particular community objected to it, chilli powder and stones were also thrown on them and on account of that, the procession was stopped. It is alleged that the sentiments of muslim community were affected by the said incident. It is also alleged that in between that incident, from the terrace of Panna Atar's shop, stones were thrown in which Mohd. Husain S/o Shabbir Husain was got injured and one constable Om Prakash also inflicted injury on Usman S/o Iqbal by stick.
On receiving this report, the police registered the impugned FIR for the offences punishable under Sections 295-A, 296, 323 and 336 IPC against unknown persons.
Learned counsel for the petitioner has submitted that now the police is trying to arrest the petitioner while claiming that she is the person, who had thrown dirty water on the procession.
Pursuant to the direction given by this Court on 20.01.2020, learned Public Prosecutor has produced the case diary and from the perusal of the same, it appears that the police have recorded the statements under Section 161 Cr.P.C. of three witnesses viz. Mohd. Shakir, Sher Khan and Siraj Khan. Witness Mohd. Shakir, in his statements, has specifically stated that somebody had thrown dirty water on the procession from the terrace of shop of Suresh of Fatehnagar, however, witness Sher Khan and Siraj Khan have stated that one girl had thrown dirty water from the terrace of shop of Suresh of Fatehnagar. It is noticed that none of the witnesses has named the petitioner that she threw the dirty water on the procession.
Learned counsel for the petitioner has submitted that the petitioner is married and now she is living with her in-laws at Bhuj Gujarat and the police without there being any evidence against her has falsely implicated her in this case.
Having heard learned counsel for the petitioner and after perusing the case diary, I am of the opinion that no evidence regarding involvement of the petitioner in commission of crime is available on record because the petitioner has not been named as an accused in the FIR as well as in the statements of the witnesses also.
Hence, this criminal misc. petition is allowed and the FIR No.573/2017 of Police Station Nimbahera District Chittorgarh for the offences punishable under Sections 295-A, 296, 323 and 336 IPC is quashed qua the petitioner.
Stay petition is disposed of.