The court dismissed the criminal miscellaneous petition and stayed application filed by the petitioner bank seeking quashing of the FIR. The court held that the FIR was over three years old and a case was made out for an offence under section 382 IPC.
The criminal miscellaneous petition and the stay application are dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
JAIPUR BENCH, JAIPUR
ORDER
SB Criminal Miscellaneous Petition No. 809/2009
ICICI Bank Limited versus State of Rajasthan & ors 4.1.2013
HON'BLE MR. JUSTICE MN BHANDARI
Mr Pankaj Gupta – for petitioner
Mr Paresh Choudhary, PP – for the State
BY THE COURT:
By this criminal misc. petition, challenge is made to
the FIR bearing No.232/2009 dated 16.4.2009 registered at Police Station – Sanganer, Jaipur.
It is submitted that the motorcycle in question was
financed by the petitioner bank and instalments of amount was not paid. It is only to overcome from the action by the petitioner bank that FIR has been lodged against it.
I have considered the submissions and find that the
FIR is now old by more than three years and, otherwise, perusal and after going through the contents of the FIR, it cannot be said
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that a case is not made out for offence under section 382 IPC. The
FIR can be quashed by the court if no case is made out on the face of it. The case in hand is not of such nature thus prayer made in the petition cannot be granted.
In view of aforesaid, criminal misc. petition so as the
stay application are dismissed.
(MN BHANDARI), J.
bnsharma
All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.
(BN Sharma) PS-cum-JW
2 issues framed by the court
Whether the criminal miscellaneous petition challenging the FIR can be granted.
Whether a case is made out for an offence under section 382 IPC on the face of the FIR.
2 provisions across 2 enactments
ICICI Bank Limited
State of Rajasthan
MN BHANDARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
