Petitioner sought quashing of FIR under Section 482 Cr.P.C. regarding offences under IPC. Court dismissed the petition, granting liberty to assail the challan via a fresh petition later.
Petition dismissed; liberty granted to assail challan by filing a fresh petition.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
O R D E R
S.B. CRIMINAL MISC. PETITION NO.531/ 2013 EID MOHAMMED Vs. STATE OF RAJASTHAN & ANR.
DATE:01.09.2014
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
None present for the petitioner. Shri Madanlal Javeriya, Assistant Director(Prosecution) for the State. Shri Sardar Khan, I.O., SHO, P.S. Khatoli, Distt. Kota Rural, present. ****
The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.181/ 2012, registered at Police Station Khatoli, District Kota Rural for the offences punishable under Sections 420, 409, 467, 468, 471 and 120B.
Shri Sardar Khan, SHO, Investigating Officer, Police Station Khatoli, District Kota Rural, present in the Court, has submitted that in the present case, challan was filed on 25.05.2013 in the Court of Judicial Magistrate, Itawa and after commitment, the case is pending in the Court of Special Judge(SC/ ST Cases), Kota.
After hearing the Investigating Officer, present before this Court, the instant petition is disposed of with liberty to the petitioner to assail the challan by filing a fresh petition. The petitioner, if so advised, may submit the arguments of his favour before the trial Court at the time of consideration of the charge.
(KANWALJIT SINGH AHLUWALIA),J.
/ KKC/
Certificate:
All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.
KAMLESH KUMAR P.A.
1 issue framed by the court
Whether the High Court should quash the FIR under Section 482 Cr.P.C. given the fact that the challan has been filed and the case is pending trial.
2 provisions across 2 enactments
Eid Mohammed
State of Rajasthan
Kanwaljit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
