The High Court of Rajasthan dismissed two criminal miscellaneous petitions seeking quashing of an FIR alleging assault and threat to kill. Upholding the Police report, the court declined to interfere.
Quashing of FIR rejected; petitions dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 1029 / 2018
Hari Shanker Son of Shri Ganpat Jat, Aged About 42 Years, By Caste Jat, Resident of Mohalla Tejaji Ka Chowk, Hurda, Via Gulabpura, District Bhilwara.
----Petitioner
Versus
----Respondents Connected With
S.B. Criminal Misc(Pet.) No. 4524 / 2017 Bholaram Jat Son of Sh. Ganpat Jat, Aged About 38 Years, B/c Jat R/o Jat Mohalla Tejaji Ka Chock Hurda Vai Gulabpura District Bhilwara Rajasthan
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Pawan Rankawat
For Respondent No.1 : Mr. V.S. Rajpurohit, P.P.
For Respondent No.2 : Mr. Manish Patel
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[CRLMP-1029/2018]
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
01/05/2018
These criminal misc. petitions under Section 482 Cr.P.C. are filed by the petitioners with a prayer for quashing of FIR No. 431/2017 of Police Station Gulabpura, District Bhilwara for the offences punishable under Sections 332 and 353 of IPC.
In the impugned FIR, the complainant-Kailash Chand Jat S/o Balu Chand Sarpanch of Gram Panchayat, Hurda has alleged that on 08.11.2017 at about 6.30 P.M. when he was sitting in a meeting with the Vikas Adhikari and members of the Committee, then suddenly petitioner-Hari Shanker along with his brother Bhola Ram came in the office of the Gram Panchayat and abused him and has also assaulted him. It is further alleged that the Vikas Adhikari present in the meeting and other committee members had rescued him from the petitioner, however, while going from the scene of the crime, the petitioner threatened him to kill within sixty days. On receving the said FIR, the police have registered prima facie case against the petitioners for the offences punishable under Sections 353 and 332 IPC.
Learned Public Prosecutor has submitted the factual report, wherein it is mentioned that the police after thorough
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[CRLMP-1029/2018]
investigation into the allegations levelled in the impugned FIR and on the basis of the statements of the independent witnesses present on the scene of the crime have found prime facie case against the petitioners for the offences punishable under Sections 332 and 353 IPC. It is also mentioned in the factual report that petitioner-Hari Shanker has already been arrested and was released on bail, whereas the arrest of the petitioner-Bhola Ram is pending.
Having heard the learned counsel for the petitioners and after going through the impugned FIR as well as the factual report, I am not inclined to interfere in these criminal misc. petitions.
Hence, these criminal misc. petitions are dismissed.
(VIJAY BISHNOI),J.
Taruna
1 issue framed by the court
Whether to quash FIR No. 431/2017 for offences under Sections 332 and 353 of the IPC based on the facts alleged.
1 provisions across 1 enactments
Hari Shanker
Bhola Ram Jat
The State of Rajasthan
Kailash Chand Jat
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
