The court dismissed a criminal miscellaneous petition seeking quashing of an FIR under IPC Sections 498A, 406, and 323, finding no case for interference. The consequential stay application was also dismissed.
Quashing of FIR and stay application dismissed; liberty to file fresh petition granted.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
ORDER
S.B. Criminal Misc. Petition No. 3104/2011(D) S.B. Criminal Misc. Stay Application No. 2903/2011
(Damodar Prasad Swami Versus State of Rajasthan & Another)
Date of Order :: 13th July, 2012
HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA
None is present for the petitioners Mr. Peyush Kumar, PP for the State of Rajasthan
BY THE COURT :
This criminal misc. petition has been filed for quashing FIR No. 43/2011 registered at Police Station, Purani Tonk, District Tonk for the offence under Sections 498A, 406 and 323 of IPC.
I have carefully perused the contents of FIR. No case is made out for interference in the FIR. Hence, the criminal misc. petition being bereft of any substance stands dismissed.
However, liberty is granted to the petitioner to file a fresh criminal misc. petition, if he is advised to do so.
Consequent upon the dismissal of criminal misc. petition, the stay application, filed herewith, does not survive and that also stands dismissed.
(MAHESH CHANDRA SHARMA),J.
DK
All corrections made in the judgment / order have been incorporated in the judgment / order being E-mailed.
Dilip Khandelwal PA
2 issues framed by the court
Whether the High Court is justified in dismissing the petition for quashing the FIR under Sections 498A, 406 and 323 of IPC.
Whether any case is made out for interference in the FIR.
3 provisions across 1 enactments
Damodar Prasad Swami
State of Rajasthan
Mahesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
