Dismissed

Genda Bano v. State of Rajasthan

Rajasthan HC18 Jan 2023CRLMP/9029/2022

Case brief

AI extract

What is this about?

This order disposes of two connected criminal miscellaneous petitions under Section 482 Cr.P.C. Provisional assurance from the Public Prosecutor and consideration of the incident led the court to refrain from quashing the FIR while directing the petitioner to submit representation to the Superintendent of Police for the conduct of investigation.

What did the court decide?

The petitioner directed to submit representation before the Superintendent of Police; the Superintendent of Police directed to complete the investigation after considering it within one month; FIR not

Genda Bano Vs State of Rajasthan — Writ and Judicial Review | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Misc(Pet.) No. 9029/2022

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Genda Bano W/o Sh. Nathu Khan, Aged About 70 Years, B/c Musalman, R/o Vill. Gagarana, P.s. Gotan, Dist. Nagaur (Raj.).

¶4

----Petitioner

¶5

Versus

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1. State Of Rajasthan, Through The Inspector General Of Police, Jodhpur Range, Jodhpur.

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1. The Commissioner (Rural), Commissionerate, Jodhpur.

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Sho, P.s. Borunda, Dist. Jodhpur (Raj.).

¶9

----Respondents

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Connected With

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S.B. Criminal Misc(Pet.) No. 5146/2022

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Prshhant Detha S/o Shri Shubkaran Detha, Aged About 45 Years, R/o Borunda, Tehsil And Police Station Borunda, District Jodhpur (Rajasthan)

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----Petitioner

¶14

Versus

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State Of Rajasthan, Through Pp 2. Mst. R D/o Mohammad Ayub, R/o Gagrana, Police Station Gotan, District Nagaur (Rajasthan)

¶16

----Respondents

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For Petitioner(s)	:	Mr. Shambhoo Singh Rathore
		Mr. Dhirendra Singh, Sr. Advocate
		assisted byMs. Priyanka Borana
For Respondent(s)	:	Mr. Mukesh Trivedi, PP
		Mr. Mohd. Akbar

¶18

HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order

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18/01/2023

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Criminal Misc(Pet.) No. 9029/2022

¶21

The instant misc. petition under Section 482 Cr.P.C. has been filed by the petitioner-complainant with the limited prayer that the Investigating Agency may be directed to conduct fair and impartial investigation in FIR No.102/2022, Police Station Borunda, District Jodhpur Rural.

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(2 of 2)

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[CRLMP-9029/2022]

¶24

Learned Public Prosecutor states that the Investigating agency is already conducting free and fair investigation, however, if any material is brought on record by the petitioner the same shall be considered by the prosecution strictly in accordance with law before completing the investigation.

¶25

In light of the aforesaid assurance of the Public Prosecutor, the present misc. petition is disposed of with a direction to the petitioner to submit the representation before the concerned Superintendent of Police, who shall decide his representation strictly in accordance with law.

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The instant misc. petition is disposed of accordingly.

¶27

Criminal Misc(Pet.) No. 5146/2022

¶28

The instant misc. petition under Section 482 Cr.P.C. has been filed by the petitioner for quashing of FIR No.102/2022, Police Station Borunda, District Jodhpur Rural for offences under Sections 354, 506 & 376 (2)(N) of IPC and Section 5(L)/6 of POCSO Act.

¶29

After hearing learned counsel for the petitioner and taking into consideration the material available on record, I am not inclined to quash the FIR. However, liberty is granted to the petitioner to file representation alongwith relevant documents before the concerned Superintendent of Police within a period of fifteen days. The Superintendent of Police shall take up all the facts as well as representation, if any, filed on behalf of the petitioner 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.

¶30

The instant misc. petition filed by the petitioner is disposed of accordingly. Stay petition is also disposed of.

¶31

(MANOJ KUMAR GARG),J

¶32

65-66-Rashi/-

Genda Bano v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Genda Bano v. State of Rajasthan

Case brief

What is this about?

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What the court decided

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