The single judge of the Rajasthan High Court refused to quash an FIR where the trial had already advanced to the stage of framing of charges and examination of prosecution witnesses. The court dismissed the petition, allowing further arguments during the trial.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 4700/2015
Smt Manju Devi W/o Shri Pankaj Kumar D/o Moji Ram, aged about 33 years, by Caste Mali, resident of Village Pachala, P.S. Aligarh, District Tonk, Rajasthan at present Sarpanch of Gram Panchayat Pachala, P.S. Aligarh, District Tonk, Rajasthan.
----Petitioner
Versus
----Respondent
For Petitioner(s) : Mr. Shiv Charan Gupta for petitioner For Respondent(s) : Mr. Ramesh Choudhary, PP Mr. Syed Saadat Ali for complainant
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
02/01/2020
Matter comes up on an application for early hearing of the criminal misc. petition wherein the petitioner has prayed for quashing FIR No.48/2015 registered at Police Station, Aligarh, District Tonk.
It is informed that during the pendency of the present criminal misc. petition, charge-sheet has already been filed, cognizance has been taken place, charges have also been framed and prosecution witnesses have already been examined.
In view thereof, this Court does not find any reason to interfere with the FIR at this stage. However, it will always be open for the petitioner to raise all the arguments, which she has raised in the present criminal misc. petition at the stage of
(2 of 2)
[CRLMP-4700/2015]
arguments on trial. The dismissal of this criminal misc. petition would not therefore come in the way for the aforesaid purpose.
The criminal misc. petition is accordingly dismissed with the aforesaid observations.
All the pending applications stand disposed of.
(SANJEEV PRAKASH SHARMA),J
SUNIL SOLANKI /19/4
2 issues framed by the court
Whether the Criminal Miscellaneous petition seeking quashing of FIR can be allowed after charge sheet filing and framing of charges.
Whether the petitioner has any ground to quash the FIR at this stage in view of progression of trial.
Smt Manju Devi W/o Shri Pankaj Kumar
State Of Rajasthan through Public Prosecutor
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
