Disposed

Anop Lal v. State

Rajasthan HC5 Jul 2023CRLMP/4190/2021

Case brief

AI extract

What is this about?

The High Court disposed of a miscellaneous petition filed by thirteen accused-petitioners under Section 482 Cr.P.C. seeking quashing of an FIR involving cheating and forgery. The court refused to quash the FIR but granted a stay on arrest for four weeks and liberty to file a representation to the police.

What did the court decide?

Order not to quash FIR; four-week stay on arrest; liberty to file representation.

Anop Lal Vs State — Quashing and FIR | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Misc(Pet.) No. 4190/2021

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Anop Lal S/o Champa Lal, Aged About 45 Years, R/o Mota Tanda, Mota Gaon, Teh. Ganoda, Dist. Banswara.

¶4

Kamal Kant S/o Roopji, Aged About 55 Years, R/o Mota Tanda, Mota Gaon, Teh. Ganoda, Dist. Banswara.

¶5

Raman Lal S/o Dr. Labana, Aged About 55 Years, R/o Mota Tanda, Mota Gaon, Teh. Ganoda, Dist. Banswara.

¶6

Kaliya S/o Aaraji Labana, Aged About 60 Years, R/o Mota Tanda, Mota Gaon, Teh. Ganoda, Dist. Banswara.

¶7

Shambhu Lal S/o Champa Lal Labana, Aged About 44 Years, R/o Mota Tanda, Mota Gaon, Teh. Ganoda, Dist. Banswara.

¶8

Soma S/o Ganiya Labana, Aged About 50 Years, R/o Mota Tanda, Mota Gaon, Teh. Ganoda, Dist. Banswara.

¶9

Ganga Ram S/o Dr. Labana, Aged About 50 Years, R/o Mota Tanda, Mota Gaon, Teh. Ganoda, Dist. Banswara.

¶10

Kamal Kant S/o Paniya Labana, Aged About 40 Years, R/o Mota Tanda, Mota Gaon, Teh. Ganoda, Dist. Banswara.

¶11

Nathu S/o Gopala Labana, Aged About 55 Years, R/o Mota Tanda, Mota Gaon, Teh. Ganoda, Dist. Banswara.

¶12

Vardi Chand S/o Lala Ji Labana, Aged About 45 Years, R/o Mota Tanda, Mota Gaon, Teh. Ganoda, Dist. Banswara.

¶13

Ram Prasad S/o Lattu Labana, Aged About 56 Years, R/o Chhota Tanda, Mota Gaon, Teh. Ganoda, Dist. Banswara.

¶14

Laxmi Narayan S/o Parkhiya Labana, Aged About 60 Years, R/o Mota Tanda, Mota Gaon, Teh. Ganoda, Dist. Banswara.

¶15

Hemchand S/o Gebaji Labana, Aged About 65 Years, R/o Mota Tanda, Mota Gaon, Teh. Ganoda, Dist. Banswara.

¶16

Amba Lal S/o Mala Ji Labana, Aged About 65 Years, R/o Mota Tanda, Mota Gaon, Teh. Ganoda, Dist. Banswara.

¶17

Shanti Lal S/o Bhojji Labana, Aged About 50 Years, R/o Mota Tanda, Mota Gaon, Teh. Ganoda, Dist. Banswara.

¶18

Geba Ji S/o Bhogji Labana, Aged About 67 Years, R/o Mota Tanda, Mota Gaon, Teh. Ganoda, Dist. Banswara.

¶19

[CRLMP-4190/2021]

¶20

(2 of 3)

¶21

Rajmal S/o Lakhma Labana, Aged About 48 Years, R/o Chhota Tanda, Mota Gaon, Teh. Ganoda, Dist. Banswara.

¶22

Dhula S/o Dhanji Patidar, Aged About 62 Years, R/o Kalika Pada, Mota Gaon, Teh. Ganoda, Dist. Banswara.

¶23

Bhanji S/o Ramji Patidar, Aged About 59 Years, R/o Kalika Pada, Mota Gaon, Teh. Ganoda, Dist. Banswara.

¶24

Parmeshwar S/o Ranveer Labana, Aged About 38 Years, R/o Mota Tanda, Mota Gaon, Teh. Ganoda, Dist. Banswara.

¶25

Brijesh S/o Rangla, Aged About 50 Years, R/o Chhota Tanda, Mota Gaon, Teh. Ganoda, Dist. Banswara.

¶26

Arjun Das S/o Bhagirath Das, Aged About 60 Years, R/o Ramji Ki Mandir, Padar, Mota Tanda, Mota Gaon, Teh. Ganoda, Dist. Banswara.

¶27

----Petitioners

¶28

Versus

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State of Rajasthan

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Prathvi Raj Singh Rajput S/o Chatar Singh, R/o Mota Gaon, Banswara.

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----Respondents

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For Petitioner(s)	: Mr.Anuj Sahlot, Adv.
For Respondent(s)	: Mr.Mahipal Bishnoi, PP
	Mr.Akalovya A. Bhansali, Adv.
	Mr.Roop Lal Meena, SI, P.S. Mota
	Gaon, Distt. Banswara.

¶33

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

¶34

Order

¶35

05/07/2023

¶36

The instant misc. petition under Section 482 Cr.P.C. has been filed by the accused-petitioners for quashing of FIR No.104/2020 registered at P.S. Mota Gaon, Distt. Banswara for offence under Sections 420, 467, 468 & 120-B of IPC.

¶37

[CRLMP-4190/2021]

¶38

After hearing the learned counsel for 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 before the concerned Superintendent of Police and the Investigating Officer within a period of two weeks from today, who shall consider all the facts as well as contentions raised in the representation and complete the investigation strictly in accordance with law. For a period of four weeks from today, the petitioners shall not be arrested in FIR No.104/2020 registered at P.S. Mota Gaon, Distt. Banswara.

¶39

The instant misc. petitions are disposed of accordingly. Stay applications are also decided accordingly.

¶40

(MANOJ KUMAR GARG),J

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165-/NK

Anop Lal v. State

Case brief

What is this about?

What did the court decide?

Anop Lal v. State

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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