The Rajasthan High Court dismissed a criminal miscellaneous petition seeking quashing of an FIR, holding that the FIR prima facie disclosed a cognicable offence and the High Court cannot act as an investigating agency.
Criminal Miscellaneous Petition seeking quashing of FIR is dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
----Petitioners Versus
----Respondents For Petitioner(s) : Mr. Raj Kumar Suthar For State : Mr. C.G. Chopra, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Order
19/09/2019
(2 of 2)
[CRLMP-2793/2019]
High Court should not act like an investigating agency and High Court can not appreciate the evidence nor can draw its own inferences from the contents of the F.I.R. It is the job of the investigating authority at such stage to probe and then of the Court to examine the questions once the charge sheet is filed. Since, F.I.R. prima facie discloses the commission of cognizable offence, no ground is made out for quashing of F.I.R.
(PANKAJ BHANDARI),J
AMIT KUMAR /59
1 issue framed by the court
Whether the High Court should quash the FIR based on the prima facie disclosure of a cognizable offence.
Colour shows how this judgement treated each authority
Dineshbhai Chandubhai Patel vs The State Of GujaratReferred¶4
Dineshbhai Chandubhai Patel vs The State Of Gujarat: (2018) 3 SCC 106 · Who else cites this
DINESH KUMAR JANGID AND ORS.
STATE OF RAJASTHAN AND ORS.
PANKAJ BHANDARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
