Dismissed

Hasan Mohammed v. State of Rajasthan through Pp

Rajasthan HC7 Mar 2017CRLMP/1032/2017

Case brief

AI extract

What is this about?

Petitioner accused sought quashing of FIR for offences under IPC and forest/minerals laws. Court dismissed plea in quashing, directing petitioner to submit representation and virus documents to Investigating Officer within 7 days if report not filed.

What did the court decide?

Misc. petition disposed of with direction to submit representation and Ravanna to Investigation Officer within 7 days for consideration during investigation if report not filed.

Hasan Mohammed Vs State of Rajasthan through Pp — Quashing and FIR | Rajasthan HC (2017)

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

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S.B. Criminal Misc. Petition No. 1032/2017

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Hasan Mohammed S/o Hari Khan aged about 56 years by caste mev R/o Village/Tehsil Manesar Distt. Gurgaon (Haryana) at present R/o Village Kharkhadi Tehsil Tajara Distt. Alwar.

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...Accused-Petitioner.

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Versus

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State of Rajasthan through P.P.

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…..Respondent.

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DATE OF ORDER ::: 7^th March, 2017

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HON'BLE MR. JUSTICE BANWARI LAL SHARMA

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Mr. Raj Kumar Goyal for the Petitioner. Mr. Aladdin Khan, PP.

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Petitioner accused preferred this misc. petition for quashing FIR No. 574/2016 registered at Police Station Tijara, District Alwar for offence punishable under Sections 147, 148, 149, 353, 379/120B IPC, Section 3 PDPP Act and Section 4 and 21 of MMDR Act, Section 33, 41, 42 of the Rajasthan Forest Act.

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Learned counsel for petitioner Shri Raj Kumar Goyal submits that at the time of checking, petitioner was having valid “Ravanna” (Annexure-2), but without considering the same police lodged this FIR, therefore, same may be quashed.

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Per Contra learned PP. Shri Aladdin Khan submits that without submitting any representation or Ravanna before the Investigating Officer, petitioner directly filed this mics. Petition before this Court. He submits that fact of valid ravanna cannot be adjudicated by this Court while exercising powers vested in this Court

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2 under Section 482 Cr.P.C., therefore, Misc. petition may be dismissed.

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I have considered the submissions made at Bar.

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Since without submitting any representation before the Investigating Officer, petitioner directly approached this Court and submitted that he is having valid Ravanna which is subject matter of investigation.

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Therefore, this misc. petition is disposed of with direction that if any, representation along with Ravanna or other documents is being submitted by the petitioner before the Investigation Officer within 7 days from today, the same may be considered by the Investigating Officer during investigation, in case report under Section 173(2) Cr.P.C. has not been filed yet.

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It is made clear that even after verifying the genuineness of documents still any offence is made out, Investigating Officer is free to proceed according to law.

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[BANWARI LAL SHARMA], J.

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Komal/64.

Hasan Mohammed v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Hasan Mohammed v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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