Madho Singh v. State
Case brief
What is this about?
High Court utilised inherent jurisdiction under Section 482 Cr.P.C. to quash the FIR only in respect of Section 409 IPC due to lack of prosecution material, conditioning bail on filing bonds after charge-sheet.
What did the court decide?
Quashed the FIR only to the extent of Section 409 IPC; granted liberty to file bail bonds before the trial court upon filing of charge sheet.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 2103/2021
Shanta Kanwar W/o Sh. Madho Singh, Aged About 60 Years, R/o Karoli, Tehsil Abu Road, Dist. Sirohi (Raj.).
----Petitioner
Versus
- State Of Rajasthan-State, Through Pp
- Pahad Singh S/o Sh. Ratan Singh, R/o Bhinmal, Dist. Jalore (Raj.).
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 1231/2021
Madho Singh S/o Sh. Bhoor Singh, Aged About 60 Years, R/o Karoli, Tehsil Abu Road, Dist. Sirohi (Raj.).
----Petitioner
Issues for consideration
3 issues framed by the court
Whether the offence under Section 409 IPC is made out in the given factual matrix.
Whether the High Court should utilise its inherent jurisdiction under Section 482 Cr.P.C. to quash the FIR only partially.
What relief the petitioners are entitled to regarding the pending challan for Section 409 IPC.
Parties & counsel
- petitioner
Shanta Kanwar
- petitioner
Madho Singh
- respondent
State of Rajasthan
- respondent
Pahad Singh
Coram
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · November
- Registered
- Case no.
- CRLMP/1231/2021
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