The court held that a petition for quashing of FIR is infructuous if the investigating agency has already decided to submit a final report in a negative forum. An order directs the IO to file fresh report within one month.
Invoking officer directed to file fresh report of investigation within one month; petition dismissed.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
O R D E R
S.B. Cr. Misc. Petition No.105/2016 Abhishek Sharma Vs. State of Rajasthan & Anr.
Date of Order:08/07/2016
PRESENT
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Mr. Sudhir Saini, for the petitioner. Mr. Jitendra Shrimali, Public Prosecutor for State. Mrs. Sangeeta Sharma, for the respondent.
Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.306/2014 registered at Police Station JDA, Jaipur.
Learned Public Prosecutor on instructions from Mr. Santosh Dass SI, P.S. JDA, Jaipur, Investigating Officer has submitted that after through investigation, the Investigating Agency has come to a conclusion that final report in negative forum is to be submitted against the petitioner as no offence is made out.
Mrs. Sangeeta Sharma, learned counsel for the respondent has submitted that fair investigation has not been conducted and Investigating Agency has wrongly absolved the accused.
Be that as it may, considering that the Investigating Agency has decided to submit a final report in negative forum, present petition seeking quashing of FIR cannot be entertained as same has been rendered infractuous.
However, to alley the apprehension of the complainant, the Investigating Officer is directed to file report of investigation before the competent court within one month from today. Complainant is at liberty to file protest petition against the same if
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so advised.
(KANWALJIT SINGH AHLUWALIA),J.
Sunita/138 All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed.
Sunita Kanwar Jr.P.A.
1 issue framed by the court
Whether a petition under Section 482 Cr.P.C. seeking quashing of FIR can be entertained when the investigating agency has concluded to submit a final report in negative forum.
1 provisions across 1 enactments
Abhishek Sharma
State of Rajasthan
KANWALJIT SINGH AHLUWALIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
