The High Court of Rajasthan dismissed a criminal miscellaneous petition for quashing an FIR. The court held that mere addition of the petitioner's name during interrogation does not justify quashing if the FIR is against named persons and substantiates a case.
FIR was not quashed; the petition was 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.
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
JAIPUR BENCH, JAIPUR
ORDER
SB Cr Misc Petition No. 4489/2014
Vinod Vadhwani versus State of Rajasthan
12.11.2014
HON'BLE MR. JUSTICE MN BHANDARI
Mr Pankaj Gupta – for petitioner
Mr Sudesh Saini, PP
Mr Shyam Behari Gautam – for complainant
BY THE COURT:
By this criminal misc. petition, a challenge is made to the FIR No. 393/2014, registered at Police Station – Vigyan Nagar, Kota.
It is stated that FIR was lodged against others but,
during the course of interrogation, name of the petitioner was given and he was arrested though no medicines were found in the drug shop of the petitioner which can be said to be stolen. In view of above, FIR against the petitioner deserves to be quashed.
I have considered the submission and find that FIR
2
was lodged against named persons and during the course of investigation, if the role of the petitioner was also found and he has been arrested, FIR cannot be quashed on the ground urged by the petitioner. The FIR can be quashed if no case is made out on its bare reading or allegations of mala fide are attributed etc. The case of aforesaid nature is not made out. In view of above, I do not find substance in this petition under section 482 CrPC. Hence, it is 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
1 issue framed by the court
Whether the FIR ought to be quashed since the petitioner was arrested during interrogation without evidence of stolen medicines being found in his shop.
1 provisions across 1 enactments
Vinod Vadhwani
State of Rajasthan
MN BHANDARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
