This court dismissed the criminal miscellaneous petition under Section 482 Cr.P.C. seeking quashing of an FIR, holding that no interference is warranted after the police has filed a charge-sheet. Stay petition was also dismissed.
Criminal miscellaneous petition and stay petition dismissed; liberty granted to raise defence in trial court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. CRIMINAL MISC. PETITION NO. 66 / 2016
Mst. Gurpinder Kaur, wife of Shri Jasmat Singh by caste Jat Sikh, resident of Kaminpura, P.S. Sri Kesrisinghpur, Tehsil Sri Karanpur, District Sri Ganganagar.
………..Petitioner
VERSUS
……….Respondents
____________________________________________________ Counsel For Petitioner(s) : Mr. Sanjay Mathur Counsel For Respondent(s) : Mr. V.S. Rajpurohit, PP
Mr. Bhoop Singh, for the respondent
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
09/02/2017
This criminal misc. petition under Section 482 Cr.P.C. has been filed on behalf of the petitioner with a prayer for quashing the FIR No.85/2015 of Police Station Sri Kesrisinghpur, District Sri Ganganagar.
Learned Public Prosecutor has submitted a factual report, wherein, it is mentioned that the police after thorough investigation into the allegations levelled in the impugned FIR has filed charge-sheet against the accused persons in court concerned on 28.11.2016.
Having considered the fact that the charge-sheet has been
(2 of 2)
filed by the police in the matter, this Court is not inclined to interfere in this criminal misc. petition.
Hence, this criminal misc. petition is dismissed. Stay petition is also dismissed.
However, the petitioner shall be at liberty to raise all her defence before the trial court at the appropriate stage.
The factual report dated 8.2.2017 be taken on record.
(VIJAY BISHNOI), J.
ms rathore/57
1 issue framed by the court
Whether the criminal miscellaneous petition seeking quashing of the FIR should be entertained after the police has filed a charge-sheet.
1 provisions across 1 enactments
Mst. Gurpinder Kaur
The State of Rajasthan
Major Singh
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
