The High Court of Rajasthan dismissed a criminal miscellaneous petition seeking quashing of an FIR under Section 482 Cr.P.C. The court held that the allegations required investigation and quashing was warranted only later.
The criminal miscellaneous petition and stay application were disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
----Petitioners
Versus
----Respondents
| For Petitioner(s) | : Mr. G.S. Shekhawat, Adv. Mr. V.S. Panwar, Adv. |
|---|---|
| For Respondent(s) | : Mr. Atul Sharma, PP |
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
16/12/2022
Instant petition has been filed by the petitioners under Section 482 Cr.P.C. for quashing of FIR No. 222/2022 registered at Police Station Jobner, District Jaipur (Rural).
Counsel for the petitioners submits that the petitioners have falsely been implicated in this case and the absurd allegations have been levelled against the petitioners, hence the FIR is liable to be quashed by this Court.
Per contra, learned Public Prosecutor opposed the arguments of learned counsel for the petitioners and submitted from bare
(2 of 2)
[CRLMP-10860/2022]
perusal of the contents of the FIR, it reveals the cognizable offence has been committed and the matter requires investigation, so interference of this Court is not warranted.
Having heard the facts and circumstances of the case, this Court is of the view that the allegations made in the FIR are the subject matter of investigation and same the cannot be quashed in the inherent jurisdiction of this Court under Section 482 Cr.P.C.
The petitioner may file a representation before the Investigating Officer, who shall consider the same in accordance with law.
In case, the Investigating Officer comes to the conclusion that a cognizable offence is made out against the petitioners, he shall issue a notice to the petitioners as required under Section 41-A of the Code of Criminal Procedure.
The criminal misc. petition as well as stay application stands disposed of, accordingly.
(ANOOP KUMAR DHAND),J
Pravesh/63
2 issues framed by the court
Whether the allegations in the FIR should be quashed in exercise of inherent powers under Section 482 Cr.P.C.
Whether interference is warranted at the initial stages of investigation under the Code of Criminal Procedure
1 provisions across 1 enactments
Chetan Das Swami
Prabhu Narayan Yadav
State Of Rajasthan
Ramlal Kumawat
Anoop Kumar Dhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
