Allowed

Shankar Kumar Dhamu v. State of Rajasthan

Rajasthan HC21 Nov 2022CRLMP/1334/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan quashed an impugned order rejecting a request to forward a complaint for FIR registration under Section 156(3) CrPC. Holding that the complaint disclosed a cognizable offence, the court mandated its transfer to the police station.

What did the court decide?

The order dated 19.12.2018 was quashed and directed to send the complaint to the concerned Police Station for lodging of FIR.

Shankar Kumar Dhamu Vs State of Rajasthan — Civil Procedure and Limitation | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 1334/2022

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Shankar Kumar Dhamu S/o Shri Jitendra Kumar, Aged About 41 Years, B/c Dhamu, R/o Purani Jail Road, Bikaner (Raj.)

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----Petitioner

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Versus

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Bulaki Das Kalla S/ o Girdhardas Kalla, R/o Daga Chowk, Bikaner.

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Janardan Kalla S/o Girdhardas Kalla, R/o Daga Chowk, Bikaner.

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Parashar Narayan Sharma, Samta Andolan Samiti, Bikaner. 4. Narpat Sethia, Businessman, Coronation Optical & Watch Company, K.E.M. Road, Bikaner.

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Kanhaiyalal Kalla, Businessman & Vice President, City Congress Committee, Bikaner.

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Bajrang Soni, President, Sarafa Samiti, Teliwada, Bikaner.

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Triloki Kalla S/o Janardhan Kalla, R/o Daga Chowk, Bikaner.

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Vikram Kalla, R/o Bikaner.

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Anil Kalla S/o Janardan Kalla, R/o Daga Chowk, Bikaner.

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Jugal Purohit S/o Vijay Shankar Purohit, R/o Vyason Ka Chowk, Bikaner.

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Kamal Kiradu, R/o Murlidhar Vyas Colony, Bikaner.

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The State of Rajasthan.

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----Respondent

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For Petitioner(s)	: Mr. Zafar Khan
For Respondent(s)	: Mr. Mukhtiyar Khan,PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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21/11/2022

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The instant misc. petition has been preferred on behalf of the petitioner seeking an appropriate direction for registration of the FIR as well as setting aside of the order dated 19.12.2018, passed by learned Additional Chief Judicial Magistrate No.1, Bikaner, wherein, the prayer made by the petitioner seeking that his complaint be sent to the concerned Police Station for investigation under Section 156(3) of the Code of Criminal Procedure, 1973 has been rejected.

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(2 of 2)

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[CRLMP-1334/2022]

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Heard learned counsel for the petitioner and learned Public Prosecutor and perused the order impugned as well as the certified copy of the complaint submitted by the petitioner.

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A bare perusal of the complaint reveals that there is commission of a cognizable offence, including, forming of an unlawful assembly and destruction of government property. Other allegations regarding spreading of hatred among the society have also been levelled, which is a cognizable offence as per the mandate of law under Section 154 of the Code of Criminal Procedure as well as the judgment rendered by Hon’ble the Supreme Court in the case of Lalita Kumari Vs. Government of U.P. reported in AIR 2014 SC 187, as per which whenever a complaint/report is received by the Magistrate for sending the same under Section 156 (3) of the Code of Criminal Procedure and if the information discloses commission of a cognizable offence, it is imperative upon the Magistrate to send it to the concerned Police Station for lodging of the FIR. The Magistrate having not done so, in the present matter has committed an error of law. No exceptional circumstances have been shown for which the matter was not sent under Section 156(3) of the Code of Criminal Procedure.

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Thus, the order dated 19.12.2018 is hereby quashed and it is directed that the complaint/report be sent to the concerned Police Station for lodging of the FIR.

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The misc. petition is allowed, accordingly.

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(FARJAND ALI),J

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108-pooja/-

Shankar Kumar Dhamu v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shankar Kumar Dhamu v. State of Rajasthan

Case brief

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