Petition under Section 482 Cr.P.C. for quashing an FIR alleging a counter-blast. Court refused quashing pending investigation but directed single Investigation Officer to handle two conflicting FIRs.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR.
S.B.Crim.Misc. Petition No.3559/2014. Babulal Vs. State of Raj.& Anr.
Date of Order :03.09.2014.
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Petitioner Babulal, present in person. Shri Madan Lal Javeriya, Assistant Director, Prosecution is present in person for State.
Lawyers are stated to be on indefinite
strike.
Present petition has been filed under Section 482 Cr.P.C. by the accused-petitioner seeking quashing of FIR No.384/2013 registered at Police Station Rudawal Distt. Bharatpur for offences under Section 143, 323, 341, 447 and 379 IPC.
It is stated in the present petition that petitioner earlier lodged FIR No.375/2013 at the same police Station, Rudawal Distt. Bharatpur under Section 323, 341, 427, 441 and 379 IPC against respondent No.2 to 5. It is contended that as a counter blast to the FIR lodged by the petitioner, respondents have got registered the impugned FIR bearing No.384/2013 at the same police Station for offences under Section 143, 323, 341, 447 and 379 IPC.
It is submitted by the petitioner that on the alleged date of occurrence, he was busy in the marriage of his daughter and false FIR has been lodged. Furthermore, it is stated that
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Medico Legal Examination of respondent No.2 was conducted on 02nd December, 2013 and FIR was lodged 15 days thereafter, on 17th December, 2013.
Admittedly, investigation is in progress. At this stage, no interference can be warranted as disputed question of facts cannot be determined by this Court. It will be seen during the trial that the version given by the respondent is a counter blast to the FIR lodged by the petitioner or not. However, to ward off possibility of emergence of conflicting findings during investigation of FIR lodged by the petitioner and by respondents, it is ordered that Superintendent of Police, District Bharatpur shall assign investigation of FIR No.375/2013 registered at Police Station, Rudawal Distt. Bharatpur under Section 323, 341, 427, 441 and 379 IPC and FIR No.384/2013 registered at the same Police Station for offences under Section 143, 323, 341, 447 and 379 IPC to one Investigating Officer. The said Investigating Officer after investigating both the FIRs shall submit report of investigation alongwith his opinion in the Court of competent jurisdiction within a period of three months from the date of receipt/production of certified copy of the order. Liberty is also granted to the petitioner to produce his witness before the
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Investigating Officer to substantiate his plea of alibi.
In view of the direction issued above, present petition is disposed of.
Consequent upon disposal of the main petition, the stay application filed therewith stands also disposed of.
(Kanwaljit Singh Ahluwalia), J.
N.Gandhi 124
Certificate- All corrections have been incorporated in the judgment/order being emailed.
Naval Kishore Gandhi P.A.cum judgment writer
Babulal
State of Raj.
Kanwajjit Singh Ahluwalia
As recorded by the court registry
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