Allowed

Virendra Singh v. State of Rajasthan through Pp

Rajasthan HC8 Jan 2020CRLMP/3153/2018

Case brief

AI extract

What is this about?

This petition sought quashing of an FIR alleging illegal tree cutting. The court found the FIR mala fide, citing the petitioner's ownership evidence and reliance on judicial discretion under Article 226 and Section 482 CrPC, and accordingly quashed the FIR and related proceedings.

What did the court decide?

FIR No.137/2018 and further proceedings based on it are quashed and set aside.

Virendra Singh Vs State of Rajasthan through Pp — 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.3153/2018

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Virendra Singh S/o Raghuveer Singh B/c Gurjar, R/o Shyalawaskhurd, Tehsil Baswa, District Dausa.

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----Petitioner

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Versus

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State Of Rajasthan Through Pp.

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----Respondent

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For Petitioner(s) : Mr. Poonam Chand Sharma For Respondent(s) : Mr. Arvind Bhadu, PP

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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08/01/2020

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The petitioner, by way of this criminal misc. petition, challenges FIR No.137/2018 lodged against him and prays to quash the same on the ground that the facts, which have been mentioned in the FIR, do not reveal any criminal case as against him.

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Learned counsel for the petitioner submits that the allegations against the petitioner in FIR were that the petitioner had cut down trees in Khasra No.907 whereas the petitioner had got the trees cut which were in his own land bearing Nos.904 and 905. The petitioner had placed on record a report of Halka Patwari, Village Shyalawaskhurd, submitted to the Police Station Bandikui wherein he mentions that the trees which have been cut down, were existing in Khasra No.904 and one tree was cut down from Khasra No.905. The report of Patwari, if tallied with the Jamabandi, which has been placed on record by the petitioner,

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(2 of 3)

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[CRLMP-3153/2018]

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reveals that Khasra Nos.904 and 905/1212 are in name of the petitioner and his brothers.

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Thus, this court finds that the FIR appears to have been lodged for malafide and extraneous motive purposes. The Supreme Court in the case of State of Haryana & Others Versus Ch. Bhajan Lal & Others, AIR 1992 SC 604 in 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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In view of the above, it is a fit case where FIR registered against the petitioner is required to be quashed and the same is accordingly quashed. The court also notices that vide order dated

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(3 of 3)

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[CRLMP-3153/2018]

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31.5.2018, while issuing notices, the Court had stayed further proceedings arising out of the impugned FIR.

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In view thereof, the further proceedings on the basis of FIR No.137/2018 shall also remain quashed and set aside.

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Accordingly, the criminal misc. petition stands allowed. All pending applications shall also stand disposed of.

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(SANJEEV PRAKASH SHARMA),J

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Karan Bhutani /531/19

Virendra Singh v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Virendra Singh v. State of Rajasthan through Pp

Case brief

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What did the court decide?

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