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Bhikaram Banta Vs State of Rajasthan — Writ and Judicial Review | Rajasthan HC (2022)

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Rajasthan HC
2022
Bhikaram Banta Vs State of RajasthanBhikaram Banta v. State of Rajasthan

Disposed

Bhikaram Banta v. State of Rajasthan

Rajasthan HC2 Nov 2022CRLMP/7095/2022

Case brief

AI extract

What is this about?

In this Special Criminal Misc. Petition under Section 482 CrPC seeking quashment of FIR, the Court directed petitioners to join the investigation to file a representation before the Investigating Officer. The petition, stay petition, and criminal misc petition are disposed of accordingly.

What did the court decide?

Directed petitioners to join investigation; file representation within 10 days; notice to elderly petitioner if offence found; petition and stay disposed of.

What the court decided

AI extract

Outcome

Directed petitioners to join investigation; file representation within 10 days; notice to elderly petitioner if offence found; petition and stay disposed of.

Issue for consideration

Whether the criminal miscellaneous petition under Section 482 CrPC for quashing of FIR should be disposed of by directing investigation before the petition is quashed. +1 more

Detailed headnote1 paragraphs

The High Court, in a Criminal Misc. Petition under Section 482 CrPC for quashing an FIR, deemed it appropriate to direct the petitioners to join the investigation. Petitioners were given ten days to file a representation before the Investigating Officer to consider the same. For the elderly petitioner, the Court mandated that a clear notice as per Section 41-A CrPC be issued if any offence is found committed against him. The petition was disposed of without deciding on the merits of the quashing application.

A compact analysis

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.

A

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Misc(Pet.) No. 7095/2022

Bhikaram Banta S/o Sh. Ramjeevan Banta, Aged About 70 Years, R/o Asop, Jodhpur Rural, Rajasthan.

Ravi Banta S/o Sh. Bhikaram Banta, Aged About 39 Years, R/o Asop, Jodhpur Rural, Rajasthan.

----Petitioners

Versus

State Of Rajasthan, Through Pp

Shiv Soni S/o Shri Nandkishor, Aged About 27 Years, R/o Asop, Jodhpur Rural, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Gopal Sandhu For Respondent(s) : Mr. Sumer Singh Rajpurohit, PP

JUSTICE DINESH MEHTA

Order

02/11/2022

The present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) has been filed by the petitioners for quashment of the FIR No.0089/2022, registered at Police Station Asop, District Jodhpur Rural vide which allegations for the offences under Sections 323, 341, 336, 376, 511, 509 and 34 of the Indian Penal Code have been levelled against the petitioners.

Having regard to the allegations made in the FIR, this Court deems it appropriate to direct the petitioners to join the investigation.

(2 of 2)

[CRLMP-7095/2022]

The petitioners may file a representation within ten days before the Investigating Officer, who shall consider the same in accordance with law.

In case, if the Investigating Officer finds any offence committed by the petitioner No.1 Bhikaram Banta who is 70 years of age, a 15 days’ clear notice to the petitioner No.1, as required under Section 41-A of the Code of Criminal Procedure shall be given.

The criminal misc. petition so also stay petition stands disposed of accordingly.

Needless to observe that the petitioners’ remedy for taking appropriate legal course in their defence(s) shall stand reserved.

(DINESH MEHTA),J

165-Arvind/-

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the criminal miscellaneous petition under Section 482 CrPC for quashing of FIR should be disposed of by directing investigation before the petition is quashed.
2.
Whether a notice is to be issued to the petitioner prior to arrest if an offence is committed by a petitioner of advanced age.

Statutes considered

2 provisions across 1 enactments

AI extract

code of criminal proceduresection 482section 41-A

Parties & counsel

AI extract

petitioner
Bhikaram Banta
petitioner
Ravi Banta
respondent
State Of Rajasthan
respondent
Shiv Soni

Coram

AI extract

DINESH MEHTA

Case details

As recorded by the court registry

Court: Rajasthan HC
Decided on: 2 Nov 2022 · November
Registered: 19 Oct 2022
Case no.: CRLMP/7095/2022
CNR: RJHC010681022022
Topic: Writ and Judicial Review
Bench: Dinesh Mehta
Disposal: DISPOSED OF

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Cite this judgement

Bhikaram Banta v. State of Rajasthan, CRLMP/7095/2022 (RJ), decided on 2 November 2022.

The High Court of Rajasthan publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

code of criminal proceduresection 482 · section 41-A

View all statutes

Bench / Coram

DINESH MEHTA

Parties & counsel