Dismissed

Sitaram S/O Dularam v. State of Rajasthan

Rajasthan HC3 Jun 2020CRLMP/1596/2020

Case brief

AI extract

What is this about?

This single judge order dismisses a petition for quashing an FIR under SC/ST Act and IPC provisions, holding that a cross FIR is a defense for trial, not a ground for quashing under Article 226 CrPC.

What did the court decide?

The petition for quashing the FIR is disposed of without granting relief. The registrar is to direct the investigation agency to proceed with investigation.

Sitaram S/O Dularam Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 1596/2020

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Sitaram S/o Dularam, By Caste Jogi R/o Kirti Nagla, Tehsil Mahuwa, Distt. Dausa.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Lakhan @ Tinku S/o Chotte Lal Bairwa, Kirti Nagla, Tehsil Mahuwa, Distt. Dausa.

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----Respondents

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For Petitioner(s) : Mr. Kumud Singh For Respondent(s) : Mr. Arvind Bhadu, PP

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Judgment / Order

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03/06/2020

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This petition has been filed u/s 482 Cr.P.C. for quashing of FIR No.0094/2020 registered at police station Mahuwa District Dausa under Section 143, 341, 323, 427 IPC and Section 3(1)(S) (R) Sc/ST Act 1989.

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Counsel for the petitioner submits that the FIR deserves to be quashed as there is a FIR registered by the petitioner bearing no.95/2020 which is cross FIR in the case and therefore, the FIR registered by the complainant against the petitioner ought to be quashed.

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I am afraid that such a ground is not available for quashing the FIR and it can be ground for having defence which can be raised only at the time of trial for the purpose of examining the FIR. The Supreme Court in the case of State of Haryana &

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(2 of 3)

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[CRLMP-1596/2020]

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Others Versus Ch. Bhajan Lal & Others, AIR 1992 SC 604 in

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Para 108 (7) has laid down as under:-

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“108. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extra-ordinary power under Article 226 or the inherent powers Under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any Court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised.

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1..... 2..... 3..… 4..... 5..... 6.....

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Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.”

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This court does not find any such aspect on which the FIR registered against the petitioner deserves to be quashed.

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Learned counsel has stressed that the petitioner’s minor grand daughter is being harassed by the complainant for which the FIR was lodged and present FIR which has been filed under the various provisions and under SC/ST Act 1989 is wholly frivolous and false. The said aspect as argued by the learned counsel cannot be examined in a petition filed u/s 482 Cr.P.C. It is

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(3 of 3)

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[CRLMP-1596/2020]

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is also seen that the FIR registered by the petitioner is subsequent to the FIR registered by the complainant.

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Be that as it may, it would be expected from the concerned Investigating Agency to conduct a fair investigation and submit a report in relation to both the FIRs and if the version of the petitioner is found to be correct, due action be taken against the complainant.

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Making such observations, the present petition for quashing the FIR is disposed of.

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(SANJEEV PRAKASH SHARMA),J

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Anu /397

Sitaram S/O Dularam v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sitaram S/O Dularam v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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