This criminal miscellaneous petition under Section 482 Cr.P.C. sought to quash an FIR alleging harassment and vulgar comments. The Court held that allegations constituted a prima facie offence and dismissed the petition, allowing the petitioner to approach the Investigating Officer.
Petition for quashing dismissed; stay petition dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2379/2018
Abdul Rahim S/o Mohd. Ramzan , Aged About 33 Years, R/o Lane No. 2, Rajiv Gandhi Colony, Near Somani College, Pratap Nagar,
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Navneet Singh For Respondent(s) : Mr. J.P. Bhardwaj, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
07/08/2018
This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner with a prayer for quashing the FIR No.87/2018 of Police Station Sadar Bazar, District Jodhpur.
The impugned FIR has been lodged at the instance of respondent No.2, wherein she has alleged that the petitioner has been harassing her from last five years and he chases her wherever she goes. It is also alleged that the petitioner makes vulgar comments on the face-book and spread rumour in public that she is characterless.
Learned counsel for the petitioner has submitted that the allegations levelled in the impugned FIR are false. It is contended that the petitioner has lodged an FIR against cousin
(2 of 2)
[CRLMP-2379/2018]
brother of respondent No.2 a day prior to the filing of impugned FIR. The respondent No.2 at the instance of her brothers has lodged this false FIR with intention to pressurize the petitioner to withdraw the FIR filed by him.
Having heard learned counsel for the petitioner and having gone through the allegations levelled in the impugned FIR, this Court is of the opinion that the allegations levelled in the impugned FIR do constitute a prima facie offence, hence, the impugned FIR cannot be quashed.
Consequently, the instant misc. petition fails and is hereby dismissed. However, the petitioner is free to move appropriate representation before the Investigating Officer raising all his defence. It is expected that the Investigating Officer shall consider the representation of the petitioner objectively and thereafter conduct fair and impartial investigation.
The stay petition is also dismissed.
Babulal/204
1 issue framed by the court
Whether the allegations in the FIR constitute a prima facie offence warranting the quashing of the FIR under Section 482 Cr.P.C.
1 provisions across 1 enactments
Abdul Rahim
State
Nazmeen
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
