Disposed

Kamla Babaria and Anr. v. State of Rajasthan and Anr.

Rajasthan HC1 Sept 2014CRLMP/550/2013

Case brief

AI extract

What is this about?

This single-judge order addressed a Section 482 Cr.P.C. petition seeking quashing of an FIR for kidnapping and abduction. The court directed the Investigating Officer to submit a final report of investigation within two weeks alongside his opinion. Arrest of the accused was ordered stayed pending such report.

What did the court decide?

Direction to Investigating Officer to submit report within two weeks; arrest of petitioner No.2(Respondent) stayed.

Kamla Babaria and Anr. Vs State of Rajasthan and… — Criminal Trial and Appeal | Rajasthan HC (2014)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR.

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S.B.Crim.Misc. Petition No.550/2013. Kamla Babaria & Anr. Vs. State of Raj. & Anr. Date of Order :01.09.2014.

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HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA None present for petitioners. Shri Madan Lal Javeriya, Assistant Director, Prosecution is present in person. Shri Naval Kishore, SI, Police Station, Narena Distt. Jaipur (Rural) is present in person.

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Lawyers are stated to be on indefinite

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strike.

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Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.19/2013 registered at Police Station Naraina, Jaipur Rural for the offences under Section 363 and 366-A IPC.

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Sub-Inspector, Naval Kishore, Police Station, Narena Distt. Jaipur (Rural) being Investigating Officer is present in Court. He has submitted that statement of Smt. Kamla Babaria, petitioner No.1 was recorded by the Deputy Registrar (Judicial) of this Court and copy thereof, was received by the Investigating Officer. Investigating Officer has submitted that since petitioner No.1 was major on the alleged day of offence and was competent to marry petitioner No.2; Nakul, during investigation he has come to the conclusion that no offence is made out and final report in negative form is to be submitted. Investigating Officer has further submitted

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that since further proceedings were stayed on 22^nd February, 2013 by a coordinate Bench of this Court final report in negative form has not been submitted in the Court of competent jurisdiction.

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Taking into account the statement of the Investigating Officer, present petition is disposed of with a direction to the Investigating Officer to submit report of investigation alongwith his opinion in the Court of competent jurisdiction within two weeks from today. Till the final decision is taken upon the report of investigation to be submitted by the Investigating Officer, arrest of the petitioner No.2; Nakul shall remain stayed.

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Consequent upon disposal of the main petition, the stay application filed therewith stands also disposed of.

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(Kanwaljit Singh Ahluwalia), J.

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N.Gandhi/208

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Certificate- All corrections have been incorporated in the judgment/order being emailed.

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Naval Kishore Gandhi P.A.cum judgment writer

Kamla Babaria and Anr. v. State of Rajasthan and Anr.

Case brief

What is this about?

What did the court decide?

Kamla Babaria and Anr. v. State of Rajasthan and Anr.

Case brief

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