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2010 Supreme(Raj) 1597

RAJASTHAN HIGH COURT
Gopal Krishan Vyas, J.
Babi and Others - Appellant
Versus
State of Rajasthan and Another - Respondent
S.B. Criminal Misc. Petition No. 953 of 2010.
Decided On : 12-07-2010

Advocates:
For the Petitioners:S.D. Purohit, Advocate.
For the Party: Rajlakshmi, Public Prosecutor.
For the Respondent:Surendra Surana, Advocate.

Headnote:Criminal Procedure Code, 1973 – S. 482 The petitioner was made to quash the FIR – the contention made by the petitioner was that since the incident took place on a agricultural land thus the dispute arose and the defendants have also filed a cross FIR – the same is under question before the court – held that since the FIR is in question there is no reason to quash the FIR – Dismissed

JUDGMENT

1. - Heard learned counsel for the petitioners.

2. This petition under Section 482, Cr.P.C. has been filed by the petitioners for quashing the FIR filed against the petitioners at Police Station Kalandari for offences under Sections 143, 323, 447 and 307, I.P.C. Following FIR was filed by the complainant against the petitioners :

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3. In this case, earlier bail application was filed by the petitioners before learned Sessions Judge under Section 438, Cr.P.C. and the same was dismissed on 24.06.2010. Thereafter, application for anticipatory bail was filed before this Court and, that too, was rejected on 08.07.2010. The accused-petitioners, after dismissal of the application for anticipatory bail under Section 438, Cr.P.C., have moved the present petition under Section 482, Cr.P.C. for quashing the FIR.

4. Learned counsel for the petitioners submits that registration of the FIR is complete abuse of the process of law. Further, it is submitted that the occurrence took place in the agriculture field of the petitioners and petitioners filed cross-FIR for the same occurrence. The petitioners are thus not disputing the occurrence but argument of learned counsel for the petitioners is that the occurrence took place in the agriculture field belonging to the petitioners, therefore, the registration of the FIR against the petitioners is totally unwarranted and false.

5. Learned counsel for the petitioners also submits that no offence under Section 447, I.P.C. is made out and while deciding bail application under Section 438, Cr.P.C. it was not open for the learned Court below to discuss merit of the case. Therefore, this FIR may be quashed.

6. First of all, it is worthwhile to observe here that after application of mind the application filed by the petitioners for anticipatory bail under Section 438, Cr.P.C. was rejected on 08.07.2010 and, at the time of the rejection of the bail application, all the facts were taken into consideration. Mind was applied to the facts and circumstances of the case and it was found that it is not a case for grant of anticipatory bail.

7. Learned counsel for the petitioner submits that said bail application was not dismissed on merit but it was withdrawn by the petitioners and, thereafter, all the documents we






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