Single judge hearing criminal miscellaneous petitions under Section 482 Cr.P.C. for quashing FIR. Court did not interfere with matters at this stage but directed arraignment of evidence in the Investigation Report before deciding on the petitions.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 1494 / 2018
----Petitioners
Versus
State of Rajasthan
----Respondent
Connected With
S.B. Criminal Misc(Pet.) No. 4151 / 2017
Deepak Arora S/o Late Shri Mohan Lal Ji Arora, Resident of
Rampura Basti, Gali No. 1, Lalgarh Bikaner.
----Petitioner
Versus
The State of Rajasthan
----Respondent
S.B. Criminal Misc(Pet.) No. 1480 / 2018
Jay Sukh Ram S/o Hajari Ram, Resident of Mankasar, P.S. Bajju
District Bikaner.
----Petitioner
Versus
The State of Rajasthan
----Respondent
S.B. Criminal Misc(Pet.) No. 1495 / 2018
Maji Khan S/o Mau Khan, Village Randhisar Kolayat, P.S. Gajner,
District Bikaner.
----Petitioner Versus State of Rajasthan
----Respondent
(2 of 4)
[CRLMP-1494/2018]
For Petitioner(s) : Mr. M.L. Bishnoi
Mr. R.N. Bishnoi
Mr. Shree Kant Verma
For Respondent(s) : Mr. V.S. Rajpurohit, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI Order
14/05/2018
These criminal misc. petitions under Section 482 Cr.P.C. are filed by the petitioners with a prayer for quashing of FIR No.374/2017 of Police Station Naya Shahar, District Biknaer for the offences punishable under Sections 420 and 120-B of IPC.
The impugned FIR has been lodged with the allegation that the petitioners have obtained arms licences from Dimapur, Nagaland while submitting false declaration before the concerned authority at Nagaland to the effect that the petitioners are permanent resident of State of Nagaland.
Learned Public Prosecutor has produced the factual report along with the case diary and submitted that the police are investigating into the allegations levelled in the impugned FIR and found that many persons of Disrict Bikaner, against whom criminal cases are pending in Rajasthan, have obtained arms licenses from the State of Nagaland by giving false declaration regarding their residence etc. It is also contended by the learned Public Prosecutor that many of the persons have been arrested in connection with the impugned FIR and the investigation is going
(3 of 4)
[CRLMP-1494/2018]
on.
Learned counsel Mr. M.L. Bishnoi appearing for petitionersHari Gopal Sharma and Kamal Kishore Sharma has submitted that as a matter of fact, no criminal cases are pending against the above referred petitioners in District Bikaner or anywhere in the country. It is also submitted that the above referred petitioners are permanent residence of State of Nagaland and the arms licenses have been issued to them by the concerned authority after verification of the antecedents of the petitioners.
Mr. R.N. Bishnoi and Mr. Shreekant Verma learned counsel appearing for the petitioners-Jay Sukh Ram, Maji Khan and Deepak Arora have submitted that though some criminal cases are pending against them in Rajasthan but there is no illegality in issuance of arms licenses in their favour by the competent authority of the State of Nagaland.
Having heard the learned counsel for the petitioners and having gone through the impugned FIR as well as after scrutinizing the case diary, I am not inclined to interfere in these criminal misc. petitions at this stage, however, the petitioners will be free to submit their representation before the Investigating Officer along with the documents, on which they are placing reliance.
If any such representation is filed by the petitioners, it is expected that the Investigating Officer shall consider the same objectively and after scrutinizing the documentary evidence produced by the petitioners shall conduct fair and impartial
(4 of 4)
[CRLMP-1494/2018]
investigation into the matter expeditiously.
With these observations, these criminal misc. petitions are
dismissed.
(VIJAY BISHNOI)J.
Taruna
1 issue framed by the court
Whether to quash FIR No. 374/2017 alleging procurement of arms licenses by submitting false residence declarations.
1 provisions across 1 enactments
Hari Gopal Sharma
Kamal Kishore Sharma
Jay Sukh Ram
Deepak Arora
Maji Khan
State of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
