The Court declined to quash the FIR under Section 482 CrPC in cases involving offences under Section 306 IPC. However, arrest stays were granted pending investigation completion within one month.
Quashing of FIR refused; arrest stay granted for four weeks; liberty to file representations for investigation completion.
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:RJ-JD:21387]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 4829/2022
Madhu Ram S/o Lakhu Ram, Aged About 55 Years, R/o Ward No. 4 Raoneri Bhane Ka Gaon Bikaner Raj. -334303
----Petitioner
Versus
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 2144/2022
Ashok Kumar Upadhyay S/o Shri Ratan Lal Upadhyay, Aged About 36 Years, B/c Brahmin, R/o Old Line, Gangashahar, Bikaner, Rajasthan.
----Petitioner
Versus
----Respondents
S.B. Criminal Misc(Pet.) No. 4830/2022
Mula Ram S/o Madhu Ram, Aged About 32 Years, R/o 71 Raoneri Diyatra Kolayat Bikaner Raj. 334303
----Petitioner
----Respondents
| For Petitioner(s) | : Mr. Ravindra Singh for Mr. Milap Chopra |
|---|---|
| For Respondent(s) | : Mr. Gaurav Singh, PP |
| Mr. Kunal Bishnoi |
(2 of 2)
[2023:RJ-JD:21387]
[CRLMP-4829/2022]
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
13/07/2023
The instant misc. petitions under Section 482 Cr.P.C. have been filed by the petitioners for quashing of FIR No.36/2022 registered at Police Station Gangashahar, District Bikaner for offences under Sections 306 and 34 of IPC.
After hearing learned counsel for the petitioners 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 and concerned Investigating Officer within a period of fifteen days. The concerned Superintendent of Police and concerned 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. petitions filed by the petitioners are disposed of accordingly. Stay petitions are also disposed of.
In the meanwhile and till the next four weeks, the petitioners shall not be arrested.
(MANOJ KUMAR GARG),J
151-152-153-Rashi/-
1 issue framed by the court
Whether the FIR under Sections 306 and 34 IPC registered against the petitioners should be quashed under Section 482 Cr.P.C.
3 provisions across 2 enactments
Madhu Ram
Ashok Kumar Upadhyay
Mula Ram
State Of Rajasthan
Shivratan S/o Shri Khemaram
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
