Disposed

Babu Lal and Ors. v. State of Raj Asthan

Rajasthan HC8 Jan 2024CRLMP/820/2011

Case brief

AI extract

What is this about?

A Section 482 Cr.P.C. petition to quash a 1999 FIR for offences under Sections 420, 406 and 120-B IPC, filed in 2010 but not pursued for about 12 years by the petitioners, was disposed of with proceedings dropped; liberty reserved to raise surviving issues if any cause of action remains. Decides nothing on merits.

What did the court decide?

Petition and pending applications disposed of; proceedings dropped without adjudication on quashing.

Babu Lal and Ors. Vs State of Raj Asthan — Quashing and FIR | Rajasthan HC (2024)

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[2024:RJ-JP:1051]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 820/2011

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Babu Lal Sharma S/o Late Sh. Ram Lal aged about 68 years.

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Hanuman Sahai Sharma S/o Late Sh. Ram Lal, aged 65 years.

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Suresh Kumar S/o Late Sh. Ram Lal aged 53 years.

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Rajendra Mehta S/o Sh. Babu Lal aged 45 years. All R/o A-16, Kabir Marg, Sen Colony, Bani Part, Jaipur.

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----Petitioners

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Versus

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The State of Rajasthan through Public Prosecutor.

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----Respondent

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For Petitioner(s) : Mr. Reashm Bhargava (through VC) For Respondent(s) : Mr. Laxman Meena, PP

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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08/01/2024

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Instant petition has been filed by petitioners under Section 482 Cr.P.C. seeking to quash the FIR No.212/1999 registered at Police Station-Vaishali Nagar District-Jaipur, for offences under Section 420, 406 and 120-B of IPC.

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Learned counsel appearing for petitioners contended that the allegations in the impugned FIR, do not give any rise to a cognizable offence and the dispute in respect of sale of plot is predominantly in civil nature, on the face value of FIR, no allegation of cheating or miss-appropriation of property is established. However, learned counsel for petitioners fairly conceded that though the petition was filed way back on 22.12.2010 but petitioners have not contacted to him, hence, he is not aware about present status of the impugned FIR.

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(2 of 2) [CRLMP-820/2011]

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[2024:RJ-JP:1051]

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In view of above, since impugned FIR is of 1999, and petitioners have not taken any steps to pursue the present petition for last 12 years, the proceeding of present misc. petition are dropped. However, it would be open for petitioners to raise issue, if any, cause of action survives.

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Accordingly, the instant petition stands disposed of.

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Stay application and any other pending application(s), if any, also stand(s) disposed of.

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(SUDESH BANSAL),J

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Pcg/381

Babu Lal and Ors. v. State of Raj Asthan

Case brief

What is this about?

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Babu Lal and Ors. v. State of Raj Asthan

Case brief

What is this about?

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