The High Court of Judicature at Jaipur, Rajasthan, dismissed the Criminal Miscellaneous Petition filed for quashing an FIR. The court held that no ground existed for quashing given the nature of the abduction allegations, noting that some accused had been arrested.
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.
(1 of 2)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. CRIMINAL MISC. PETITION NO. 677/2017
Sahib Khan S/o Shri Juhur Khan B/c Muslim, Aged About 40 Years, R/o Village Ladamka, Police Station Gopalgarh, Gopalgarh, Bharatpur Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner : Mr. Shiv Lal Meena
For Respondents : Mr. V.S. Godara, P.P.
HON'BLE MRS. JUSTICE SABINA
Order
15/2/2017
Petitioner has filed this petition under Section 482 of The Code of Criminal Procedure, 1973 for quashing the F.I.R. No. 86/2016 registered at Police Station Khoh, District Bharatpur for offences under Section 365 Indian Penal Code, 1860.
I have heard learned counsel for the petitioner and learned state counsel and learned counsel for respondent no.2 and have gone through the record available on the file carefully.
As per the prosecution story, on 15.06.2016 at about 11.00 a.m. petitioner and his co-accused had abducted Sadique and Bashir after giving beatings to them. Motor-cycle bearing No. RJ-05-UA-2745 on which Sadique & Bashir were
(2 of 2)
travelling was snatched by the accused. Petitioner is named in the F.I.R. During the course of arguments it has transpired that three accused were arrested and challan has been presented against them. Remaining accused including the petitioner are yet to be arrested.
Keeping in view the nature of allegations levelled against the petitioner, no ground for quashing of the F.I.R. is made out.
Dismissed.
(SABINA)J.
Mohita/44
1 issue framed by the court
Whether the allegations amount to a cognizable offence warranting quashing of the FIR.
2 provisions across 2 enactments
Sahib Khan
State of Rajasthan Through PP
Juber S/o Bashir Khan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
