This order dismisses the petition for quashing of FIR No.36/2019 because the FIR discloses a prima facie cognizable offence and police investigate without High Court interference.
FIR No.36/2019 was not quashed; Criminal Misc. Petition 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. 2946/2019
Mahesh Kumar Jangid S/o Shri Murlidhar Jangid, B/c Jangid, R/o Village- Harchandpura, Post- Kanwarpura P.s. Chandwaji, Distt. Jaipur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Hemant Kumar Sharma For Respondent(s) : Mr. Yashwant Kankhedia, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Order
11/09/2019
of Gujarat & Ors. 2018 (3) SCC Page 106.” has held that the High Court at this stage could not appreciate the evidence nor could draw its own inferences and such job is vested with the Investigating Authority. The Apex Court further observed that if the FIR discloses prima facie commission of any cognizable offence, High Court should stay its hand and allow the
(2 of 2)
[CRLMP-2946/2019]
investigating machinery to step in to initiate the probe to unearth the crime in accordance with the procedure prescribed in the Code.
(PANKAJ BHANDARI),J
HEENA/102
3 issues framed by the court
Whether there are grounds for quashing FIR No.36/2019 where prima facie cognizable offence is disclosed.
Whether the High Court can appreciate evidence at the stage of quashing the FIR using Dineshbhai precedent.
Whether the Criminal Miscellaneous Petition should be allowed or dismissed.
Colour shows how this judgement treated each authority
Dineshbhai Chandubhai Patel vs. State of Gujarat & Ors.Referred¶15
Dineshbhai Chandubhai Patel vs. State of Gujarat & Ors. 2018 (3) SCC Page 106 · Who else cites this
Mahesh Kumar Jangid
State Of Rajasthan
Pankaj Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
