Criminal Writ Petition challenging the implication of petitioner in FIR No. 241/2014 without evidence. Court held it cannot interfere unless case not made out or mala fides exist, thus dismissed petition but ensured fair investigation.
Leave to dismiss the criminal writ petition for quashing the FIR qua the petitioner.
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.
S.B. CRIMINAL WRIT PETITION NO.159/2014 (Tarachand urf Tara & Anr. Vs. State of Rajasthan & Ors.)
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
S.B. CRIMINAL WRIT PETITION NO.159/2014
(Tarachand urf Tara & Anr. Vs. State of Rajasthan & Ors.)
Date of Order : 12th November, 2014
HON'BLE MR. JUSTICE M.N.BHANDARI
Mr.Vijayant Nirwan, for the petitioner/s. Mr.R.R.Baisla, Public Prosecutor.
By the Court:
By this criminal writ petition, a challenge is made to the implication of the petitioner in FIR No.241/2014 without any evidence against him. A further prayer is also made for fair and impartial investigation.
It is submitted that no evidence exists against the petitioner for his implication in the FIR in question. It is otherwise proved from the remand documents, thus FIR bearing No.241/2014 be quashed qua the petitioner.
I have considered the submissions made by learned counsel for the petitioner. The FIR against the petitioner cannot be quashed on facts. It is stated that petitioner is wrongly implicated but it is subject of investigation by the Investigating Officer and this Court while exercising jurisdiction under Section 482 of Cr.P.C., cannot interfere in the FIR unless a case is not made out after bare reading of it or there exists allegation of mala fides for implication
S.B. CRIMINAL WRIT PETITION NO.159/2014 (Tarachand urf Tara & Anr. Vs. State of Rajasthan & Ors.)
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etc. The case of the aforesaid nature is not made by the petitioner,
thus FIR bearing No.241/2014 qua the petitioner cannot be quashed.
The writ petition for the aforesaid is dismissed,
however, dismissal of the criminal writ petition should not mean that fair and proper investigation would not be made by the Investigating Officer.
This disposes of the stay application as well.
(M.N. BHANDARI), J.
S/No.31 Preeti, P.A.
All cor r ect ion s m ad e in t h e j u d gm en t / or d er h ave been in cor por at ed in t h e j u dgm en t / or der bein g em ailed.
Pr eet i Asopa P.A.
2 issues framed by the court
Whether the FIR against the petitioner can be quashed under Section 482 Cr.P.C. on facts without evidence.
Whether allegations of wrongful implication require proof of mala fides before quashing an FIR.
1 provisions across 1 enactments
Tarachand urf Tara & Anr.
State of Rajasthan & Ors.
M.N. Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
