The High Court dismissed a petition seeking quashing of an FIR alleging beating and entry into a house. Relying on Dineshbhai Patel, the Court held the FIR disclosed a cognizable offence, precluding quashing.
The criminal miscellaneous petition for quashing of FIR qua Section 452 IPC is dismissed.
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. 5572/2019
Smt Kailashi Devi W/o Shri Sharwan Lal Jat, Aged About 52 Years, R/o Village Sangrampura, Post Roopwas, Tehsil Uniyara, District Tonk, Raj.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Om Prakash Pareek and Mr. Amitabh Jatav For Respondent(s) : Mr. C.G. Chopra, P.P.
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Order
22/10/2019
(2 of 2)
[CRLMP-5572/2019]
the complainant received injuries on head and face. FIR discloses commission of a cognizable offence and there is specific allegation of entering the house of complainant and giving beating to mother of the complainant.
vs. State of Gujarat And Ors. , (2018) 3 SCC 104 has held that when FIR discloses commission of a cognizable offence, the High Court should let the police do its role and investigate the matter. High Court could not draw its own inferences at this stage.
(PANKAJ BHANDARI),J
Simple Kumawat /117
2 issues framed by the court
Whether the Criminal Miscellaneous Petition for quashing of FIR qua Section 452 IPC should be allowed given specific allegations of entry into the house and beating.
Whether the High Court could draw inferences from the FIR at this stage as per Apex Court precedent.
Colour shows how this judgement treated each authority
Dineshbhai Chandubhai Patel vs. State of Gujarat And Ors.Applied¶22
Dineshbhai Chandubhai Patel vs. State of Gujarat And Ors., (2018) 3 SCC 104 · Who else cites this
1 provisions across 1 enactments
Smt Kailashi Devi
State Of Rajasthan
Manraj Jat
PANKAJ BHANDARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
