Dismissed

Smt Ladi Gurjar W/O Shri Siyaram Gurjar v. State of Rajasthan

Rajasthan HC2 Jan 2020CRLMP/3214/2019

Case brief

AI extract

What is this about?

The High Court dismissed a criminal miscellaneous petition filed by three accused challenging an FIR for offences under Sections 498A, 406, and 323 IPC, holding that the correctness of the FIR contents must be ascertained by the Investigating Authority during trial and no case was made out for interim interference.

What did the court decide?

The criminal miscellaneous petition and all pending applications were dismissed; petitioners directed to join investigation.

Smt Ladi Gurjar W/O Shri Siyaram Gurjar Vs State… — Criminal Trial and Appeal | 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. 3214/2019

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Smt Ladi Gurjar W/o Shri Siyaram Gurjar, Aged About 42 Years, B/c Gurjar, R/o Village Niwariya Duni, District Tonk, Raj.

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Siya Ram Gurjar S/o Shri Birdi Chand, Aged About 44 Years, B/c Gurjar, R/o Village Niwariya Duni, District Tonk, Raj.

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Vikram Singh Gurjar S/o Shri Siya Ram Gurjar, Aged About 23 Years, B/c Gurjar, R/o Village Niwariya Duni, District Tonk, Raj.

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp.

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Smt. Anita Gurjar D/o Shri Bajrang Lal, W/o Shri Babu Lal Gurjar, Aged About 33 Years, B/c Gurjar, R/o Pilli Talai, Ps Sadar, District Tonk, Raj.

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----Respondents

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For Petitioner(s) : None present For Respondent(s) : Mr. Fateh Ram Meena, PP

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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02/01/2020

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No one appears on behalf of the petitioner in the second round.

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This criminal misc. petition has been filed challenging FIR No.205/2018 registered against the petitioners under Sections 498A, 406 and 323 IPC. The accused petitioners have submitted in the petition that the FIR is false and fabricated and the petitioners have never demanded the amount of Rs.5,00,000/- as alleged in

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(2 of 2)

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[CRLMP-3214/2019]

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the FIR. They have neither beaten to the complainant nor they have burnt her.

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The points raised by the petitioners are issues, which are required to be investigated upon. From a perusal of the FIR, it is apparent that the same has been registered under the provisions, as mentioned above, on the basis of the contents mentioned in the FIR. The correctness or truth behind it is to be ascertained only by the Investigating Authority. The petitioners are expected to join the investigation and if a case is made out against them, they would have faced the trial. Thus, no case is made out for interference by this Court under Section 482 Cr.P.C. The criminal misc. petition is accordingly dismissed.

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All the pending applications stand dismissed.

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(SANJEEV PRAKASH SHARMA),J

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SUNIL SOLANKI /19/19

Smt Ladi Gurjar W/O Shri Siyaram Gurjar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Smt Ladi Gurjar W/O Shri Siyaram Gurjar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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