The High Court at Jodhpur refused to quash an FIR for offences under Sections 420 and 406 IPC, but granted liberty to the petitioner to file a representation with the Investigating Officer within 15 days for subsequent consideration.
Liberty granted to file representation with Investigating Officer within 15 days; further action to be taken by IO within one month.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 1146/2019
Vinay Kumar S/o Shri Khubi Lal Joshi, Aged About 50 Years, By Caste Brahmin, Resident Of Rishabhdev, Udaipur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Parikshit Nayak For Respondent(s) : Mr. A.R. Choudhary, PP Mr. Aidan Choudhary, for respondent No.2.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
13/11/2019
The instant misc. petition under Section 482 Cr.P.C. has been filed by the petitioner for quashing of FIR No.5/2019, Police Station Mangalwad, District Chittorgarh for offences under Sections 420 and 406 IPC.
After hearing learned counsel for the petitioner and taking into consideration the material available on record, I am not inclined to quash the FIR. However, liberty is granted to the petitioner to file representation alongwith relevant documents before the concerned Investigating Officer within a period of fifteen days. The Investigating Officer shall take up all the facts as well as representation, if any, filed on behalf of the petitioner and complete the investigation by considering them strictly in
(2 of 2)
[CRLMP-1146/2019]
accordance with law within a period of one month from the date of filing of the representation.
The instant misc. petition filed by the petitioner is disposed
of accordingly.
Stay petition is also disposed of.
(MANOJ KUMAR GARG),J
67-Ishan/-
2 issues framed by the court
Whether the FIR for cheating under Sections 420 and 406 IPC should be quashed under Section 482 Cr.P.C.
Whether liberty grantable to file representation with the Investigating Officer before disquashing the FIR
1 provisions across 1 enactments
Vinay Kumar
State
Prakash
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
