Disposed

Arif and Anr. v. State of Rajasthan through Pp

Rajasthan HC10 Mar 2017CRLMP/136/2017

Case brief

AI extract

What is this about?

The High Court dismissed a Misc. Petition seeking quashing of an FIR on the ground that the applicant failed to first submit representation or Ravanna to the Investigating Officer. The court directed the accused to submit documents within seven days for the Investigating Officer's consideration.

What did the court decide?

Misc. Petition disposed; direction to submit representation and Ravanna to Investigating Officer within 7 days if case report not filed.

Arif and Anr. Vs State of Rajasthan through Pp — Criminal Trial and Appeal | 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. 136/2017

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1. Arif S/o Shri Sheodan, R/o Village Ladiya, Police Station Tapukra, District Alwar.

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2. Sahjad S/o shri Sirdar, R/o Village Bawla, Tehsil Tavdu, Mewat Nooh (Gurgaon)

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....Petitioner/Accused

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VERSUS

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1. State of Rajasthan through PP

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....Non-Petitioner

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DATE OF ORDER ::: 10^th March, 2017

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HON'BLE MR. JUSTICE BANWARI LAL SHARMA

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Mr. Nawab Ali Rathore for petitioners. Mr. Jitendra Shrimali, PP.

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Petitioner-accused preferred this Misc. Petition for quashing FIR No. 156/2015 registered at Police Station Bhiwadi, District Alwar for offence under sections 41 & 42 of the Rajasthan Forest Act and Sections 379 and 120B IPC.

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Learned counsel for petitioner Mr. Nawab Ali Rathore submits that at the time of checking petitioner was having valid “Ravanna” (Annexure-4), but without considering the same police lodged this FIR, therefore same may be quashed.

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Per Contra Learned PP Mr. Jitendra Shrimali submits that without submitting any representation or Ravanna before the Investigating Officer, petitioner directly filed this Misc.

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2 Petition before this Court. He submits that fact of valid ravanna cannot be adjudicated by this Court while exercising powers vested in this Court 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 Investigating 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/58.

Arif and Anr. v. State of Rajasthan through Pp

Case brief

What is this about?

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Arif and Anr. v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

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