The Single Judge of the High Court for Rajasthan considered a petition filed under Section 482 Cr.P.C. seeking to quash an FIR involving IPC offences. The Court rejected the contention that the FIR was false and found the allegations constituted a prima facie case, dismissing the petition.
Criminal Miscellaneous Petition No. 1614/2018 dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 1614/2018
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
02/07/2018
This criminal misc. petition under Section 482 Cr.P.C. has been filed on behalf of the petitioners with a prayer for quashing
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[CRLMP-1614/2018]
of FIR No.139/2018 of Police Station Sadar, Distt. Chittorgarh for the offences punishable under Sections 323, 452 and 379 IPC.
Learned counsel for the petitioners has submitted that as a
matter of fact, no incident as alleged in the impugned FIR has ever happened and the respondent No.2 has lodged a false FIR against the petitioners. It is also submitted that the dispute between the petitioners and the respondent No.2 is in relation to some financial transactions and when the petitioners approached the respondent No.2 at his house with a demand for returning the money, the respondent No.2 quarreled with them and in relation to that, the police after receiving the information have detained the petitioners under Sections 107 and 151 Cr.P.C. on 8.5.2018 itself. It is further submitted that from the fact that the police have detained the petitioners under Sections 107 and 151 Cr.P.C., it is clear that no incident as alleged in the impugned FIR has ever happened and, therefore, the impugned FIR is liable to be quashed.
Per contra, learned Public Prosecutor has submitted that the allegations levelled in the impugned FIR do constitute a prima facie case against the petitioners and, therefore, the same is not liable to be quashed. Learned Public Prosecutor has submitted a factual report wherein, it is mentioned that the police after thorough investigation in the matter has concluded that the offences punishable under Sections 452 and 323 IPC are made out against the petitioners, however, offence punishable under Section 379 IPC is not made out against them.
Having heard learned counsel for the petitioners and after going through the allegations levelled in the impugned FIR and the facts mentioned in the factual report, I do not find any merit in
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[CRLMP-1614/2018]
this criminal misc. petition as the allegations contained in the impugned FIR do constitute prima facie offence against the petitioners.
Hence, this criminal misc. petition is dismissed.
The factual report dated 1.7.2018 be taken on record.
(VIJAY BISHNOI),J
ms rathore
1 issue framed by the court
Whether the allegations in the impugned FIR constitute a prima facie offence entailing quashing of the FIR under Section 482 Cr.P.C.
1 provisions across 1 enactments
Jaiprakash S/o Sh. Girdharilal
Lokesh S/o Sh. Ramnivas
Satyaveer Singh @ Monty
Prithvi Pal Singh @ Twankal
The State Of Rajasthan
Sourabh Jhanwar
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
