The High Court held that since an alternate remedy exists at the trial court stage, the petitioner is not maintainable from directly approaching this Court under Section 482 Cr.P.C. The misc. petition was consequently disposed of.
The misc. petition stands disposed of as it was not maintainable.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR
S.B. Criminal Misc. Petition No. 4958/2015
DATE OF ORDER ::: 1 September, 2016
HON'BLE MR. JUSTICE BANWARI LAL SHARMA
Mr. Hari Krishan Sharma for the petitioner. Mr. Alladin Khan , PP.
Petitioner accused Harbhajan has preferred this misc. petition under Section 482 Cr.P.C. for quashing FIR No. 98/2015 under Section 420, 467, 468, 471 and 120-B IPC registered at Police Station Raini District Alwar (Rajasthan) on which Criminal Regular Case No. 23/259/2015 (State Vs Harbhajan) for offence under Sections 199/200 IPC and 125-A representation of the People Act 1951 was registered.
Learned counsel for petitioner Shri Hari Krishan submits that from the perusal of FIR, charge Sheet and material submitted along with charge sheet no offence is made out against the present petitioner accused, still police submitted charge sheet, therefore, same may be quashed.
Per contra learned PP. Shri Alladin Khan submits that after filing charge sheet alternate remedy is available to petitioner he can raise issues which are raised in this petition at the stage of charge arguments before Trial Court.
Without availing the same petitioner directly approached this court under Section 482 Cr.P.C. which is
not maintainable.
In view of above since alternate remedy is available to petitioner, therefore, the issues raised in this petition can be raised by the petitioner before the Trial Court at the stage of charge.
The misc. petition stands disposed of accordingly.
[BANWARI LAL SHARMA], J.
Komal/31.
1 issue framed by the court
Whether a petitioner can file a curative petition under Section 482 Cr.P.C. when an alternate remedy at the trial court stage is available.
Harbhajan
State
Banwari Lal Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
