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2021 Supreme(Raj) 427

MANOJ KUMAR GARG
Kanhaiya Lal – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Mr. Abdul Kalam, for the Appellant; Mr. Anees Bhurat, PP, for the Respondent.

JUDGMENT

1. Instant misc. petition has been filed by the petitioner for quashing of FIR No.17/2021 registered at Police Station Rayla, District Bhilwara for offence under Section 376 IPC and under Section 3/4 of POCSO Act.

2. Learned counsel for the petitioner submits that earlier the FIR has been lodged by the complainant, in which no allegation was levelled against the petitioner for committing rape and after seven days again an FIR has been lodged, in which specific allegation for committing rape has been levelled against the petitioner. In such circumstances, no offence whatsoever is made out against the petitioner. Therefore, it is prayed that the FIR No.17/2021 may be quashed.

3. Learned Public Prosecutor oppose the prayer made by the counsel for the petitioner.

4. I have considered the rival arguments and carefully gone through the material on record.

5. Learned Public Prosecutor submits a report dated 03.03.2021 received from the SHO, Police Station Rayla, District Bhilwara, in which it has been mentioned that after thorough investigation offences have been proved against the petitioner.

6. I have considered the rival arguments and carefully gone through the material on record.

7.

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