The Rajasthan High Court dismissed a petition seeking quashing of an FIR. The Court held that an FIR prima facie disclosing a cognizable offence precluded judicial intervention, adhering to Supreme Court precedent that investigation must proceed.
Miscellaneous petition seeking quashing of FIR dismissed; stay application disposed.
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. 2190/2011
Ram Pal Bunkar S/o Shri Krishnaram Bunkar R/o Village Habu Ka Bas, Tehsil Chomu District Jaipur Raj.
----Petitioner
Versus
| ----Respondents | ||
|---|---|---|
| For Petitioner(s) | : Mr. Anil Kr. Upman. |
|
| For Complainant(s) | : Mr. Rohan Jain. |
|
| For State | : Mr. Ganesh Saini, PP. |
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Order
01/08/2019
(2 of 2)
[CRLMP-2190/2011]
pretext of providing employment and to show his genuinity, he had given the cheques that in case the unemployed youth do not get employment, the amount would be encashed by lodging the cheques. It is also contended that Police after due investigation has come to the conclusion that no case is made out in the FIR lodged by the petitioner.
(PANKAJ BHANDARI),J
CHANDAN /9
3 issues framed by the court
Whether the High Court could quash the FIR under Section 482 CrPC despite prima facie commission of a cognizable offence.
Whether the investigating authority could be allowed to probe the alleged agreement dispute.
Whether the petitioner's allegations of kidnapping and coercion justified quashing the FIR.
Colour shows how this judgement treated each authority
Dineshbhai Chandubhai Patel vs. State of Gujarat & Ors.Followed¶19
Dineshbhai Chandubhai Patel vs. State of Gujarat & Ors. 2018 (3) SCC Page 106. · Who else cites this
1 provisions across 1 enactments
Ram Pal Bunkar
State Of Rajasthan through PP
Sayar Singh Bochalya
Pankaj Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
