Disposed

Javed v. State of Rajasthan through Pp

Rajasthan HC22 Feb 2017CRLMP/627/2017

Case brief

AI extract

What is this about?

In a matter for early listing regarding a petition to quash an FIR, the Single Judge directed the petitioner to submit a representation along with a Ravanna to the Investigating Officer within seven days for consideration unless a report was already filed, while clarifying that the Court cannot adjudicate the validity of the Ravanna under its power to quash.

What did the court decide?

Petition disposed of with 7 days to submit representation and Ravanna to the Investigating Officer for consideration if report not yet filed.

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

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S. B. Criminal Miscellaneous (Petition) No. 627 / 2017 Javed Son of Shri Hasan Mohammad,, Aged About 25 Years, R/o 270, Dapkaniya Ki Dhani, Nimbhahedi, Tehsil Tijara, District Alwar (Raj.).

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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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For Petitioner(s) : Ms. Sunita Vashistha Public Prosecutor : Mr. Jitendra Shrimali

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HON'BLE MR. JUSTICE BANWARI LAL SHARMA

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Order

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22/02/2017

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Matter came up on IA No. 3736/2017 for early listing. Learned counsel for the petitioner Ms. Sunita Vashistha submits that matter involved a short question, therefore, same may be heard and decided today itself.

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Considering the submissions made by learned counsel for the petitioner, the application is allowed and matter is being heard today itself.

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Petitioner-accused preferred this Misc. Petition for quashing FIR No. 6/2017 registered at Police Station Tapukara, District Alwar for offences under section 379, 120B IPC, Sections 29, 32, 33, 41 and 42 of Rajasthan Forest Act, Section 4/21 of M.M.D.R. Act, 1957 and Section 68 of M.M.C.R. Act, 1986.

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(2 of 3)

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[CRLMP-627/2017]

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Learned counsel for petitioner Ms. Sunita Vashistha 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 Mr. Jitendra Shrimali submits that without submitting any representation or Ravanna before the Investigating Officer, petitioner directly filed this Misc. 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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(3 of 3)

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[CRLMP-627/2017]

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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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S. Kumawat/16

Javed v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Javed v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

What the court decided

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