Partly allowed

Kiran v. State of Rajasthan

Rajasthan HC12 Jul 2024CRLMP/2190/2024

Case brief

AI extract

What is this about?

HC of Rajasthan addressed a W.P. for quashing an FIR under Sections 341 and 323 IPC. Declined to quash the FIR outright but directed non-summons of the disabled petitioner, appointment of a lady police officer for investigation, and her immediate bail.

What did the court decide?

Directs IO not to summon petitioner; appoint lady police officer for investigation; grant bail forthwith on furnishing bond.

Kiran Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2024)

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[2024:RJ-JD:28476]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 2190/2024

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Kiran W/o Kesuram, Aged About 21 Years, R/o Motaniya Nagar, Matoda, Jodhpur Rural.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Punaram S/o Surjaram, R/o Motaniya Nagar, Matoda, Jodhpur Rural.

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----Respondents

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For Petitioner(s) : Mr. Devendra Singh Rathore For Respondent(s) : Mr. Gaurav Singh, PP

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HON'BLE MR. JUSTICE ARUN MONGA

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Order

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12/07/2024

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Petitioner seeks quashing of an FIR No.115/2023, dated 03.07.2023, registered for the alleged offences under Sections 341 and 323 IPC at P.S. Matoda, District Jodhpur.

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At the very outset, the learned Public Prosecutor points out that the offences are bailable. No interference of this Court is thus warranted.

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Per contra, the learned counsel for the petitioner states that the petitioner has been unnecessarily implicated in the FIR in question, as the real dispute between the parties is civil in nature qua which multiple proceedings are going on.

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Be that as it may, at this stage, it would be inappropriate for this Court to interfere on the basis of mere affidavit of the petitioner. However, given that petitioner is a young lady and is

[2024:RJ-JD:28476]

[CRLMP-2190/2024]

(2of 2)

stated to be suffering from partial paralysis of body and is 60% disabled, it is directed that the Investigating Officer shall not summon her at the police station. In case her statement is to be recorded, the Investigating Officer shall visit her to record her statement. Furthermore, it is directed that a lady police officer shall be appointed as the Investigating Officer in the present case. In case, in the police station where the FIR is registered, no lady police officer is posted, in that event, the Investigating Officer shall make sure that he is accompanied by a lady constable with him at the time of recording statement of the petitioner.

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Alleged offences, being bailable, the petitioner shall be forthwith released on bail on furnishing bond to the satisfaction of the Investigating Officer, in case her formal arrest is to be shown by the Investigating Officer.

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The present petition is disposed of accordingly.

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Pending application(s), if any, shall also stand disposed of.

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(ARUN MONGA),J

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4-skm/-

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Whether fit for reporting : Yes / No

Kiran v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kiran v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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