Disposed

Sayeed Masood Jamadar v. State of Rajasthan through Pp.

Rajasthan HC10 Jul 2012CRLMP/1973/2012

Case brief

AI extract

What is this about?

The court disposed of a criminal misc. petition under Section 482 CrPC for quashing an FIR. After noticing procedural issues regarding the petition's prayers, the court permitted the petitioner to submit a representation to the Investigating Officer and directed the IO to investigate the matter and submit a progress report, while dismissing the stay application.

What did the court decide?

The Investigating Officer is directed to investigate the petitioner's representation and documents and submit a progress report to the court. The stay application is disposed of.

Sayeed Masood Jamadar Vs State of Rajasthan through Pp. — Quashing and FIR | Rajasthan HC (2012)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER

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S.B. Criminal Misc. Petition No. 1973/2012(D) S.B. Criminal Misc. Stay Application No. 1566/2012

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(Sayeed Masood Jamadar Versus The State of Rajasthan)

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Date of Order :: 10^th July, 2012

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HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. G.C. Chatterjee) counsel for the petitioner with )

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Mr. Babu Lal Sharma)

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Mr. Peyush Kumar, PP for the State of Rajasthan BY THE COURT :

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This criminal misc. petition under Section 482 CrPC has been filed with two sets of prayers:

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(i) For quashing of FIR; and

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(ii) For quashing of proceedings

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The learned counsel for the petitioner Mr. G.C. Chatterjee has made the request to this Court that he has moved the application for deletion of prayer no. 2, which is mentioned by him regarding quashing the proceedings of criminal case. According to him, when the challan has not been filed, the proceedings has not been initiated against the petitioner. Hence, he wants to delete this prayer from the prayer clause.

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Although he has moved the application for deletion of prayer no.2 from the prayer clause, but in that application, this Court has pointed out to him that he has not mentioned this prayer.

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He accepted this fact that it was not mentioned in this application due to

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inadvertence, but he wants that prayer no.2 of the petition regarding quashing of the proceedings be deleted and now his only prayer is no. 1 i.e. for quashing of the First Information Report.

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In view of above, defect pointed out by the registry is over-ruled.

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This petition has been filed under Section 482 CrPC for quashing of FIR No. 396/2010 registered at Police Station, Vidhayakpuri, Jaipur City (South) for the offence under Sections 420, 406, 120B of IPC.

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Learned counsel for the petitioner submits that the petitioner wants to submit a representation along-with the documents before the Investigating Officer of the case. He further submits that the Investigating Officer of the case be directed to investigate upon the contents of the representation / documents, which is not opposed by the learned PP.

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The submissions of the counsel for the petitioner seems to be genuine, hence the criminal misc. petition stands disposed of accordingly with the following direction:

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“If the petitioner submits any

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representation / document before the investigating officer, the I.O. is directed to investigate the matter in accordance with law and he shall submit a progress report before the concerned court.”

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Stay application also stands disposed of.

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(MAHESH CHANDRA SHARMA),J.

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All corrections made in the judgment / order have been incorporated in the judgment / order being E-mailed.

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Dilip Khandelwal PA

Sayeed Masood Jamadar v. State of Rajasthan through Pp.

Case brief

What is this about?

What did the court decide?

Sayeed Masood Jamadar v. State of Rajasthan through Pp.

Case brief

What is this about?

What did the court decide?

What the court decided

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