The High Court held that upon the filing of a closure report by the Public Prosecutor asserting no offence was made out, the petitions for quashing became infructuous and were dismissed with liberty to pursue issues in trial court.
Petitions for quashing dismissed; liberty granted to take issues before trial court if advised.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 904/2020
----Petitioners
Versus
Connected With
S.B. Criminal Misc(Pet.) No. 903/2020
----Petitioners
Versus
(2 of 3)
[CRLMP-904/2020]
Station House Officer, Jodhpur Commissiionerate, Jodhpur
Commissionerate, Jodhpur.
3. Mr. Pawan Jain S/o Sohan Lal, 50, Mahaveer Nagar,
Residency Road, Near Polytechnic, Jodhpur, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Ramit Mehta.
Mr. Saurabh Maheshwari.
For Respondent(s) : Mr. S.K. Bhati, PP assisted by
Mr. Harphul Singh, ADCP(W).
Mr. Brijesh Pareek.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
01/12/2022
The present petitions have been preferred by the petitioners under Section 482 of Cr.P.C. for quashing of private complaint No.154 lodged at Police Station Shastrinagar, District Jodhpur for the offence under Sections 384, 406, 467, 468, 471 and 120-B of the IPC as well as quashing of three notices dated 10.02.2020, 14.02.2020 and 20.02.2020 issued by Shastri Nagar, Police Station Jodhpur.
At the outset, learned Public Prosecutor submits that the final report/closure report has been filed before the competent Court and since no offence is made out, the continuity of the matters are not required.
The factual report produced by learned Public Prosecutor is taken on record.
In light of such submission, the instant petitions have become infructuous and the same are accordingly dismissed with liberty to the parties to take their respective issues, if so advised,
(3 of 3)
[CRLMP-904/2020]
before the learned trial court, at appropriate stage. All pending applications stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
8-9-Jitender//-
1 issue framed by the court
Whether the petitions under Section 482 Cr.P.C. for quashing of FIR and private complaint still require determination after the filing of closure report.
1 provisions across 1 enactments
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Pawan Jain
Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
