High Court dismissed a petition under Section 482 Cr.P.C. seeking to quash proceedings for offences under IPC Sections 147, 323, 447, and 354. The court held that disputed questions of fact cannot be settled in such a petition.
Petition dismissed with liberty to raise arguments before the trial Court at the time of consideration of charges.
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 BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 5902/2016
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Ganesh Meena For Respondent(s) : Mr. Prakash Thakuriya, P.P.
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
/ Order
27/09/2018
Instant petition has been preferred under Section 482 Cr.P.C. to assail the order dated 23.07.2015 passed by the Court of Additional Chief Judicial Magistrate, Dausa, whereby cognizance of offences has been taken against the petitioners for offences punishable under Sections 147, 323, 447 and 354 I.P.C. It is further prayed that the order dated 22.10.2016 passed by the revisional Court below,
(2 of 2)
[CRLMP-5902/2016]
whereby the order of cognizance dated 23.07.2015 was affirmed, be also set aside.
The learned counsel appearing for the petitioners has submitted that false F.I.R. has been lodged against a official of the School and the residents of the Village. Counsel has further submitted that in fact, JCB was digging the land, kachcha fodder of the hut of the complainant had fallen and he has levelled allegations.
The two Courts below have appreciated the evidence collected by the Investigating Agency.
The disputed questions of fact cannot be adjudicated in a petition filed under Section 482 Cr.P.C.
Hence, there is no merit in the present petition and the same is dismissed with liberty to the petitioners to raise all arguments available to them before the trial Court at the time of consideration of charges.
(KANWALJIT SINGH AHLUWALIA),J.
ashok
2 issues framed by the court
Whether disputed questions of fact can be adjudicated in a petition filed under Section 482 Cr.P.C.
Whether the petition to set aside the order of cognizance under Section 482 Cr.P.C. has merit.
2 provisions across 2 enactments
Bhonrilal S/o Shri Birdu B/c Mina
Ramsahai S/o Shri Arjun Dholyawala B/c Mina
Omprakash S/o Shri Narain B/c Mina
Nandlal S/o Shri Ramsahai B/c Mina
Ramphool S/o Lt. Shri Narain B/c Mina
State Of Rajasthan Through Pp
Kanwalsingh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
