The petition sought to quash an FIR alleging kidnapping and rape. The court held that at the trial stage, it cannot examine the correctness of FIR allegations. The petition was dismissed as devoid of merit.
FIR No. 79/2019 was subject of quashing petition; the petition was dismissed as devoid of merit.
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
S.B. Criminal Miscellaneous (Petition) No. 1354/2023
Dinesh Son Of Shri Baluram, R/o Village Tiloniya, Bandar Sindri, District Ajmer, Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Snul Kumar Jain Mr. Ashish Nagarwal For Respondent(s) : Mr. Mangal Singh Saini, PP
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
27/03/2023
This petition is for quashing of FIR No. 79/2019 registered with police station Madanganj, Ajmer for the offences punishable under Sections 376, 366, 354 and 120-B of IPC and Section 3 of SC/ST Act.
Informant is victim of crime and alleged that three persons, including the petitioner kidnapped her and ravished her.
Learned counsel has relied on the statement of victim recorded during trial as well as her statement recorded under Section 164 Cr.P.C. that the victim is specific that the petitioner had not done anything against her.
At this stage, when the trial is already going on, this court in exercise of power under Section 482 Cr.P.C. cannot look into the
[CRLMP-1354/2023]
(2 of 2)
correctness of allegations in the FIR. Therefore, this petition
stands dismissed as devoid of any merit.
All pending applications, if any, also stand disposed of.
(BIRENDRA KUMAR),J
ashu /20
2 issues framed by the court
Whether the High Court can quash an FIR at a stage when the trial is already in progress based on a contradiction between the FIR and the victim's statement?
Whether the allegations in the FIR require correctness to be looked into by this court under Section 482 Cr.P.C.?
1 provisions across 1 enactments
Dinesh Son Of Shri Baluram
State Of Rajasthan
Victim w/o Late Shri Ramawatar Bairwa
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
