The High Court dismissed a criminal miscellaneous petition seeking quashing of an FIR and charge-sheet for alleged cheating, holding that the FIR disclosed a cognizable offence and the proper remedy lies in a revision petition against the framing of charges.
Criminal Misc. Petition dismissed. Stay application disposed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3091/2016
Shyam Nagar, Jaipur
----Petitioner Versus
…..Non-Petitioner
…..Complainant-Non-Petitioner
----Non-Petitioner
For Petitioner(s) : Mr.Arvind Kumar Gupta For State Mr. Mangal Singh Saini, PP For Respondent(s) : Mr.Ajay Shukla and Ramavtar Nepalpuriya
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Order
29/07/2019
(2 of 4)
[CRLMP-3091/2016]
(3 of 4)
[CRLMP-3091/2016]
that no ingredients of offence was made out and the Court has without taking cognizance framed charges against the petitioners. 3. It is contended that complainant has already filed civil suit for recovery of the amount, hence, the criminal proceedings cannot be continued. 4. It is also contended that when petitioner No.1 started her own business and stopped giving orders to the complainant, he has lodged the FIR. 5. It is contended that if FIR does not disclose commission of offence, investigation can be quashed by the Court, reliance in this regard has been placed on State of West Bengal Vs. Swapan Kumar Guha and others reported in AIR 1982 (SC) 949(1).
(4 of 4)
[CRLMP-3091/2016]
against the petitioners, aggrieved by framing of charges petitioners have already preferred revision petition. Hence, this Court does not find any ground for invoking the inherent powers and for quashing the FIR and the proceedings drawn thereupon. 10. In the result, the Criminal Misc. Petition is dismissed. Stay application also disposed.
(PANKAJ BHANDARI),J
teekam/reserved order
2 issues framed by the court
Whether the High Court can invoke its inherent powers to quash the FIR and criminal proceedings under Section 482 CrPC.
Whether the FIR discloses the commission of a cognizable offence justifying the initiation of criminal proceedings.
Colour shows how this judgement treated each authority
State of West Bengal Vs. Swapan Kumar Guha and othersReferred¶24
State of West Bengal Vs. Swapan Kumar Guha and others reported in AIR 1982 (SC) 949 · Who else cites this
Neelam Singh & Ors.
State Of Rajasthan
Pankaj Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
