The High Court dismissed the petition under Section 482 Cr.P.C. seeking quashing of an FIR involving murder, assault, and mischief. The court held that with the case still under investigation and serious allegations against the petitioner, no ground for quashing is made out.
The petition for quashing the FIR was dismissed.
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.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B.CR. MISC. PETITION NO.56/2017.
Rajendra Sharma @ Raju Sharma S/o Shri Ramesh Chandra Sharma B/c Brahmin, R/o Village Nimla, Tehsil Jamwa Ramgarh, Police Station, Aandhi, Jaipur, Raj.
Versus
State of Rajasthan Through P.P.
For Petitioner(s) : Shri Sanjay Yadav
HON'BLE MRS. JUSTICE SABINA
Order
16/2/2017
Petitioner has filed this petition under Section 482 Code of Criminal Procedure 1973 (hereinafter referred to as ‘Cr.P.C.’), for quashing FIR No. 124/2016 registered at Police Station Aandhi, Jaipur Rural for offences under Section 143, 341, 336, 427, 302 and 323 Indian Penal Code 1860.
I have heard the learned counsel for the petitioner and have gone through the record available on the file carefully.
Prosecution story, in brief, is that on 20.9.2016 at about 6.15 p.m. accused boarded the Bus bearing No. RJ-29- PA-515. Complainant was the Conductor of the Bus in question. Accused asked the complainant as to who was the
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Conductor of the Bus. When the complainant stated that he was the Conductor of the Bus, he was given beatings by the accused. Passenger Nandkishore and the driver of the Bus tried to rescue the complainant. Accused threw stones at the Bus. Nandkishore was standing near the door of the Bus. Accused stated that this passenger be taught a lesson for intervening and stone was thrown at Nandkishore. As a result, Nandkishore died.
Case is still under investigation. Hence, at this stage, keeping in view the nature of allegations levelled against the petitioner, no ground for quashing the FIR is made out.
Dismissed.
(SABINA)J.
Mrg.
3 issues framed by the court
Whether FIR registered for murder and accomplice offences can be quashed at this stage.
Whether sufficient grounds are made out for quashing the FIR given the investigation status.
Whether the petitioner can escape the allegations of causing death and assault through Section 482 Cr.P.C.
7 provisions across 2 enactments
Rajendra Sharma @ Raju Sharma
State of Rajasthan Through P.P.
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
