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IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta, J.
Aziz Khan - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous (Petition) No. 5139 of 2019
Decided on : 06-08-2021
Section 482 Cr.P.C - Quashing of FIR - The court directed the Investigating Officer to file the result of the investigation in the court concerned within 30 days based on the factual report submitted by the Public Prosecutor.
Fact of the Case:
The petitioner filed a petition seeking quashing of the FIR registered for offences under Sections 420, 406, and 120-B IPC.
Finding of the Court:
The court directed the Public Prosecutor to instruct the Investigating Officer to file the result of the investigation in the court concerned within 30 days based on the factual report.
Issues: Quashing of FIR under Section 482 Cr.P.C
Ratio Decidendi: The court's decision was influenced by the factual report submitted by the Public Prosecutor, which indicated that the case was based on a mistake of fact.
Final Decision: The instant misc. petition seeking quashing of the FIR and the stay application were both disposed of by the court.
JUDGMENT
Sandeep Mehta, J. - The instant misc. petition has been filed by the petitioner under Section 482 Cr.P.C. seeking quashing of the FIR No.228/2019 registered at the Police Station Banswara for the offences under Sections 420, 406 and 120-B IPC.
2. Learned Public Prosecutor has submitted the factual report as per which, a negative final report has been chalked out by the Investigating Officer finding the case to be based on a mistake of fact. However, the factual report has not been filed in the court concerned till date. Thus, learned Public Prosecutor shall instruct the Investigating Officer to file result of the investigation in the court concerned in accordance with the factual report within 30 days from today.
3. With the above observations, the instant misc. petition is disposed of. Stay application is also disposed of.
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