Disposed

Manohardan Arjundanji Gadhvi v. State of Rajasthan

Rajasthan HC19 Oct 2023CRLMP/1747/2023

Case brief

AI extract

What is this about?

High Court rejected the petitioners' application to quash an FIR alleging casteist slurs and injuries. Instead of quashing, the court directed the police not to arrest the petitioners until the investigation of their representation is completed, emphasizing interest of justice alongside statutory receipts. The court noted that serious accusations were levelled and dismissed the petitioners argumen

What did the court decide?

Directing Investigating Officer not to arrest petitioners till investigation is completed after review of their representation; petition dismissed but investigation allowed.

Manohardan Arjundanji Gadhvi Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2023)

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[2023:RJ-JD:36128]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 1747/2023

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Manohardan Arjundanji Gadhvi S/o Shri Arjundanji, Aged About 62 Years, R/o Peshua Pindwara Saroopgunj Sirohi Raj. India

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Kanak Dan Charan S/o Shri Lungi Danji, Aged About 40 Years, R/o Peshua Pindwara Saroopgunj Sirohi Raj. India

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Rajesh Kumar S/o Shri Vishnu Danji, Aged About 50 Years, R/o Peshua Pindwara Saroopgunj Sirohi Raj. India

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Anand Charan S/o Shri Praveen Danji, Aged About 35 Years, R/o Peshua Pindwara Saroopgunj Sirohi Raj. India

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Bharat Singh S/o Shri Duler Singhji, Aged About 35 Years, R/o Peshua Pindwara Saroopgunj Sirohi Raj. India

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp

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Vikas Varma Meghwal S/o Bhanwar Lal, Aged About 29 Years, Presetnly R/o At Behind Padharosa Hotel Ajari Pindwara Sirohi Raj. India Permanent Address Setho Ki Dhani Rajas Laxmangarh Sikar Raj. India

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----Respondents

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For Petitioner(s)	: Mr.Shyam Sundar Paliwal.
For Respondent(s)	: Mr.MS Bhati, P.P. with Mr.Jethu Singh
	Karnot,Dy.S.P. Pindwara,Sirohi.

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HON'BLE MR. JUSTICE KULDEEP MATHUR

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ORDER

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19/10/2023

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The instant criminal miscellaneous petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing the FIR No.69/2023 registered at Police Station Saroopganj, District Sirohi for the offences under Sections 143, 341, 323, 395 and 427

[2023:RJ-JD:36128]

[CRLMP-1747/2023]

(2 of 3)

IPC, 3(1)(r)(s)(v)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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This Court directed learned Public Prosecutor to procure the factual report of the case. In compliance thereof, the factual report has been submitted by the Investigating Officer through learned Public Prosecutor.

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From the perusal of the FIR and the factual report, this Court finds that serious accusations of using casteist slurs/ abuses and inflicting injuries with fists and kicks upon the complainant-victim have been levelled against present petitioners. Since, the FIR discloses commission of cognizable offences by the petitioners, this Court while exercising inherent powers under Section 482 CrPC, is not required to examine the genuineness and truthfulness of the allegations and no roving inquiry is required to be made at this stage.

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This Court in view of aforesaid, is not inclined to quash the impugned FIR. However, in the interest of justice, the petitioners are permitted to submit a representation to the Superintendent of Police, Sirohi and Investigating Officer, ventilating their grievances, within a period of 7 days from today, who in turn would conduct a free and impartial investigation into the matter in next 10 days thereafter.

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The Investigating Officer is directed not to arrest the petitioners in connection with FIR No.69/2023 registered at Police Station Saroopganj, District Sirohi, till completion of the investigation, in relation to the representation submitted by the petitioners.

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(3 of 3) [CRLMP-1747/2023]

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[2023:RJ-JD:36128]

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With these observations, the present miscellaneous petition

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stands disposed of.

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(KULDEEP MATHUR),J

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/tarun goyal/ Sr.No.676

Manohardan Arjundanji Gadhvi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Manohardan Arjundanji Gadhvi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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