[2025:RJ-JP:20206] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2019/2025 Utkarsh Harplani S/o Rajesh Harplalni, R/o 11/565, Malviya Nagar, Police Station, District Jaipur (Rajasthan). ----Petitioner Versus 1. State Of Rajasthan, Through P.P. 2. Smt. Anita Meena D/o Anand Savrup, R/o A 15, Tirveni Nagar, Mansarovar, Jaipu, Shipra Path, Jaipur City (South), Rajasthan. ----Respondents For Petitioner(s) : Mr. Ashish Gausinga For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP Tapesh Agarwal, PP Mr. Gopal Krishna Sharma HON'BLE MR. JUSTICE SAMEER JAIN Judgment 13/05/2025 Present petition is filed under Section 528 of BNSS, 2023 seeking quashing of FIR No. 151/2025 dated 27.02.2025 registered at Police Station Shipra Path, Jaipur City (South) for the offence under Sections 74, 78(2), 79, 352, 124(1) of BNS & Section 3(1)(R) & 3(1)(S) of Schedule Caste and Schedule Tribe Prevention of Atrocities Act, 1989 (Amendment 2015). Learned counsel for the petitioner has submitted that provisions for anticipatory bail are not applicable in relation to offence committed under SC/ST Act. It is further submitted that impugned FIR is lodged with false and fabricated facts. Per contra, learned counsel for the complainant and the State have submitted that at the first instance petitioner has given [2025:RJ-JP:20206] (2 of 2) [CRLMP-2019/2025] an apology, however, despite the same he has used abusive and offensive language thereby attracting the provisions of SC/ST Act. Further, it is submitted that factual report reflects that investigation in the instant matter is ongoing. Considering the fact that disputed questions of facts are involved in the instant matter, this Court is not inclined to entertain the present petition. Howsoever, this Court deems it appropriate to direct concerned Superintendent of Police to supervise the investigation and ensure fair and impartial investigation in the instant matter. Further, it is directed that no prejudice and impediment be caused to the petitioner qua SC/ST Act. Investigating Officer and Superintending of Police are directed to take appropriate decision in the present FIR in accordance with the law In view of the above, present petition is disposed of with the aforementioned directions. Pending applications, if any, shall stand disposed of. Factual report is taken on record. (SAMEER JAIN),J JKP/75