Court dismissed a criminal miscellaneous petition challenging the registration of an FIR under Section 376(2)(n) IPC. No interference was made out as the complainant's statement did not reveal false grounds or intent to harass.
Petition dismissed; pending applications disposed of.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3199/2018
Prem Chand Son of Shri Bhag Chand, aged about 45 years, Resident of Aklera, Police Station Aklera, District Jhalawar(Raj.)
----Petitioner
Versus
----Respondent
For Petitioner(s) : None For Respondent(s) : Mr. Ramesh Choudhary
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Judgment / Order
03/01/2020
This petition has been filed challenging the FIR against the petitioner u/s 376(2)(n) IPC on the basis of complaint filed u/s 154(3)Cr.PC. The FIR No.73/2018 was registered on 23.2.2018. The case has been pending since 2018. However, no order was passed with regard to restraining of investigation.
No one is present in-spite of early listing application filed. Statement of complainant prosecutrix was recorded by Learned Magistrate u/s 164 Cr. P.C. and on the perusal thereof, it cannot be said that the complaint and FIR has been registered on false grounds or to harass the petitioners.
[CRLMP-3199/2018]
(2 of 2)
In view of above, no interference is made out.
This misc. petition is accordingly dismissed.
All pending applications also stand disposed of.
(SANJEEV PRAKASH SHARMA),J
Anu /36
1 issue framed by the court
Whether the High Court should interfere with the registration of FIR u/s 376(2)(n) IPC despite lacking an order restraining investigation.
Prem Chand
The State Of Rajasthan
Santosh Bai Lodha
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
