Dismissed

Dashrath Singh v. State of Rajasthan through Pp

Rajasthan HC12 Nov 2014CRLMP/3920/2014

Case brief

AI extract

What is this about?

This court dismissed a criminal miscellaneous petition seeking quashing of an FIR on grounds of abuse of process. The petitioner had already filed two earlier petitions for the same relief, and the court had previously directed the petitioner to approach the Magistrate under Section 210 Cr.P.C. instead.

What did the court decide?

The misc. petition is accordingly dismissed.

Dashrath Singh Vs State of Rajasthan through Pp — Caste Atrocities | Rajasthan HC (2014)

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{1} S.B. CRIM. MISC. PETITION .NO.3920/2014

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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O R D E R

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S.B. CRIMINAL MISC. PETITION NO.3920/ 2014 DASHRATH SINGH Vs. STATE OF RAJASTHAN

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DATE:12.11.2014

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HON'BLE MR. JUSTICE M.N. BHANDARI

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Mr. Kailash Chandra Sharma, for the petitioner. Mr. Sudesh Saini, Public Prosecutor for the State.

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Defect pointed out by the Registry is over-ruled. The application filed to this effect is allowed.

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By this criminal misc. petition filed under Section 482 Cr.P.C., a challenge is made to the FIR No.455/ 2004, registered with Police Station Jhotwara, Jaipur for the offence under Sections 420, 467, 468, 471 and 120-B IPC, apart from Section 3(i)(iv) of the SC/ ST (Prevention of Atrocities) Act.

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Learned counsel submits that in ignorance of the order passed by the Appellate Tribunal, JDA, dated 30.07.2007, the

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Investigating Officer is inclined to file a charge-sheet. It is despite the direction of this Court to consider the order passed by the Tribunal. In view of the above and taking into consideration the issues already dealt

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with by the Appellate Tribunal, JDA, the allegations against the petitioner are not made out. The impugned FIR may accordingly be quashed.

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{2} S.B. CRIM. MISC. PETITION .NO.3920/2014

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I have considered the submissions made by the Counsel for

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the petitioner and find that earlier also, for the same relief and for challenge to the same FIR, S.B. Criminal Misc. Petition No.4070/ 2012 was filed before this Court. It was disposed of vide order dated 26.02.2013 without quashing the FIR. A direction was however given to consider the order of the Appellate Tribunal, JDA while investigating the matter. The petitioner then preferred another Criminal Misc. Petition bearing No.1535/ 2014 with the same prayer. It was also disposed of by this Court vide order dated 08.05.2014. It was held that earlier a detailed order has already been passed on 26.02.2013 in S.B. Criminal Misc. Petition No.4070/ 2012, thus no fresh order can be passed. A liberty was however given to the petitioner to move an application under Section 210 Cr.P.C. before the Magistrate concerned for calling of the progress report of the case.

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After the two orders in the earlier criminal misc. petitions, the present misc. petition has again been filed to question the FIR on the same grounds and on the same facts. The third criminal misc. petition would not be maintainable after disposal of the earlier two misc. petitions for the same relief and in regard to the same FIR. It is more so when the petitioner is given liberty to make an application before the Magistrate concerned under Section 210 Cr.P.c. to find out the progress of the case. When interference in the FIR was not made in the first criminal misc. petition followed by another, then this third misc. petition for the same relief, cannot be accepted.

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{3} S.B. CRIM. MISC. PETITION .NO.3920/2014

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The misc. petition is accordingly dismissed.

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(M.N. BHANDARI),J.

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/ KKC/
Certificate:

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All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed. KAMLESH KUMAR P.A.

Dashrath Singh v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Dashrath Singh 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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