Disposed

Prakash Chandra v. State of Rajasthan

Rajasthan HC26 Jul 2023CRLMP/99/2023

Case brief

AI extract

What is this about?

The Court dismissed two quashing petitions (Misc. Pet. Nos. 2237/2023 and 99/2023) under Section 482 Cr.P.C. In the first, at the request of the respondent, the petition became infructuous. In the second, the FIR was not quashed, but liberty was granted to the petitioners to file a representation to the authorities.

What did the court decide?

FCM 2237/2023 dismissed as infructuous. FCM 99/2023 not quashed; liberty granted to file representation to complete investigation.

Prakash Chandra Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2023)

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[2023:RJ-JD:23490]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 2237/2023

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Sampat Raj S/o Metha Lal Mali, Aged About 30 Years, Bera Mehanto Ki Badi, Jaitaran, Dist. Pali, Raj.

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Methalal S/o Sh. Ruparam, Aged About 58 Years, Bera Mehanto Ki Badi, Jaitaran, Dist. Pali, Raj.

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Ramesh S/o Sh. Metha Lal Mali, Aged About 34 Years, Bera Mehanto Ki Badi, Jaitaran, Dist. Pali, Raj.

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp 2. Bagdaram S/o Ruparam, Aged About 67 Years, Bera Mehanto Ki Badi, Jaitaran, Dist. Pali, Raj.

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----Respondents

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Connected With

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S.B. Criminal Misc(Pet.) No. 99/2023

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Prakash Chandra S/o Bagda Ram, Aged About 36 Years, R/o Bera Metra Ki Badi Jaitaran Dist. Pali Raj.

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Praveen S/o Raju Ram, Aged About 29 Years, R/o Bera Metra Ki Badi Jaitaran Dist. Pali Raj.

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Kalu Ram S/o Narayan Lal, Aged About 40 Years, R/o Bera Metra Ki Badi Jaitaran Dist. Pali Raj.

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Bhoj Raj S/o Narayan Lal, Aged About 30 Years, R/o Bera Mehanto Ki Badi Jaitaran Dist. Pali Raj.

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp

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Ramesh S/o Meethalal, Aged About 34 Years, R/o Bera Metra Ki Badi Jaitaran Dist. Pali Raj.

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----Respondents

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For Petitioner(s) : Mr. Gopal Sandu Mr. D.S. Rathore For Respondent(s) : Mr. Shrawan Bishnoi, PP

(2 of 3)

[2023:RJ-JD:23490]

[CRLMP-2237/2023]

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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26/07/2023

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Misc(Pet.) No. 2237/2023

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The instant misc. petition has been filed by the petitioners for quashing the FIR No.0449/2021 registered at Police Station Jaitaran, District Pali for offences under Sections 143, 307, 365, 323 and 336 of IPC.

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Learned Public Prosecutor submits that offences has been proved only under Sections 451, 323, 325, 341 & 506 of IPC and offences under Sections 307 & 336 of IPC did not prove against the petitioners.

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In view of the aforesaid facts and circumstances, the present misc. petition is dismissed as having become infructuous. Stay petition also stands decided.

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Misc(Pet.) No. 99/2023

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The instant misc. petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing of FIR No.448/2021 registered at Police Station Jaitaran, District Pali for offences under Sections 143, 323 and 458 of IPC.

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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

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(3 of 3) [CRLMP-2237/2023]

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[2023:RJ-JD:23490]

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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.

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

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(MANOJ KUMAR GARG),J

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25-26-Rashi/-

Prakash Chandra v. State of Rajasthan

Case brief

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Prakash Chandra v. State of Rajasthan

Case brief

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