Disposed

Daulat S/O Nanulal, v. State of Rajasthan

Rajasthan HC9 Jan 2025CRLMP/8408/2024

Case brief

AI extract

What is this about?

Petition sought quashing of FIR No.96/2024 for offences under BNS arising from a family dispute. The court held that allegations in an FIR are matters of investigation and cannot be quashed under inherent jurisdiction, but granted protection: liberty to file representation and advance notice before arrest.

What did the court decide?

Liberty to file representation before Investigating Officer; notice under Section 35 BNSS if cognizable offence made out; 15 days' advance notice before arrest.

Daulat S/O Nanulal, Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2025)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No.8408/2024

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Daulat S/o Nanulal, R/o Village Sanwariya, Police Station Mor, District Kekri, Rajasthan

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Suresh S/o Nanulal, R/o Village Sanwariya, Police Station Mor, District Kekri, Rajasthan

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Geeta W/o Nanulal, R/o Village Sanwariya, Police Station Mor, District Kekri, Rajasthan

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Laxmi D/o Nanulal, R/o Village Sanwariya, Police Station Mor, District Kekri, Rajasthan

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----Petitioners

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Versus

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State Of Rajasthan, Through Public Prosecutor

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Bhula W/o Late Shri Narayan, R/o Village Sanwariya, Police Station Mor, District Kekri, Rajasthan

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----Respondents

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For Petitioner(s) : Mr. S.P. Dadhich For Respondent(s) : Mr. Jitendra Singh Rathore, PP

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JUSTICE ANOOP KUMAR DHAND

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Order

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09/01/2025

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The instant petition has been preferred for quashing of FIR No.96/2024 registered at the Police Station Mor, District Kekri for the offences under Sections 115(2), 333, 303(2), 324(4), 324(5) & 3(5) of B.N.S. 2023.

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Learned counsel for the petitioner submits that on account of family dispute between the parties, on an earlier occasion also, FIR No.142/2022 was registered at the Police Station Lambaharisingh District Tonk for the offences under Sections 147, 447, 427, 452, 379, 509 & 354 IPC, which resulted in final report

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[CRLMP-8408/2024]

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(2 of 3)

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negative as the allegations were found to be incorrect. Learned counsel submits that the instant false FIR has been registered against the petitioners with vague allegations, hence under these circumstances, interference of this Court is warranted.

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Heard and considered the submissions made at Bar and perused the material available on the record as well as the contents of FIR.

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After going through the contents of the FIR, it appears that allegations made in the aforesaid FIR are the subject matter of investigation and the same cannot be quashed under the inherent jurisdiction of this Court under Section 528 of B.N.S.S. This Court is not supposed to make a fishing and roving inquiry to embark upon the probe in order to ascertain the genuineness and reliability of the allegations levelled in the FIR. Certainly, this task is to be taken up by the Investigating Agency, therefore, this Court does not deem it just and proper to interfere with the course of investigation.

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However, the petitioner would be at liberty to file a representation before the Investigating Officer, who shall consider the same in accordance with law.

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In case, the Investigating Officer comes to the conclusion that cognizable offence is made out against the petitioners, he shall issue a notice to the petitioners as required under Section 35 of the BNSS and in case, the Investigating Officer comes to the conclusion that the arrest of the petitioner is required, 15 days advance notice be given to the petitioner.

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[CRLMP-8408/2024]

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(3 of 3)

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In view of the above, this criminal miscellaneous petition stands disposed of. Stay application and all other application(s), pending, if any, also stand disposed of accordingly.

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(ANOOP KUMAR DHAND),J

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Karan/124

Daulat S/O Nanulal, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Daulat S/O Nanulal, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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