Petitioners filed a criminal misc. petition seeking quashing of an FIR alleging cheating. The High Court declined to quash the FIR but directed investigation within one month and granted liberty to file representations.
FIR was not quashed; liberty granted to file representation; investigation to be completed within one month.
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.
[2023/RJJD/010754]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 209/2023
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Nishank Madan For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG assisted by Mr. Rajat Chhaparwal
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
19/04/2023
[2023/RJJD/010754]
[CRLMP-209/2023]
(2 of 2)
The instant misc. petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing of FIR No.34/2022, Police Station Savina, District Udaipur for offences under Sections 420, 406 of IPC.
After hearing the parties and taking into consideration the material available on record, I am not inclined to quash the FIR. However, liberty is granted to the petitioners to file representation alongwith relevant documents before the concerned Superintendent of Police & Investigating Officer within a period of fifteen days. The Superintendent of Police & Investigating Officer shall take up all the facts as well as representation, if any, filed on behalf of the petitioners and complete the investigation by considering them strictly in accordance with law within a period of one month from the date of filing of the representation.
The instant misc. petition filed by the petitioners is disposed if accordingly.
Stay petition is also disposed of accordingly.
(MANOJ KUMAR GARG),J
11-raksha/-
1 issue framed by the court
Whether the FIR under Sections 420 and 406 IPC should be quashed under Section 482 Cr.P.C.
1 provisions across 1 enactments
Devendra Kumar Tailor
Thakur Das Vaishnav
Abdul Kamran
Dhannalal Salvi
Devendra Singh Chundawat
Manoj Kumar Jain
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
