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IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta, J.
Mukesh Joshi - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous (Petition) No. 3610 of 2017
Decided on : 06-08-2021
Quashing - FIR - The court allowed the petitioners to raise objections before the trial court at the stage of framing of charges and disposed of the miscellaneous petition and stay application.
Fact of the Case:
The petitioners filed a misc. petition seeking quashing of FIR No.142/2017 for various offences under IPC and the PDPP Act. The charge-sheet was filed, and the matter was posted for arguments on charge.
Finding of the Court:
The court allowed the petitioners to raise objections before the trial court at the stage of framing of charges and disposed of the miscellaneous petition and stay application.
Issues: Quashing of FIR, Objections before Trial Court, Stay Application
Ratio Decidendi: The court held that the petitioners can raise objections before the trial court at the stage of framing of charges.
Final Decision: The miscellaneous petition and stay application were disposed of, allowing the petitioners to raise objections before the trial court at the stage of framing of charges.
JUDGMENT
Sandeep Mehta, J. - The instant misc. petition has been filed by the petitioners seeking quashing of FIR No.142/2017 registered at Police Station Khunkhuna, District Nagaur for the offences under Sections 147, 148, 323, 336, 427, 332 and 353 IPC and under Section 3 of the PDPP Act.
2. Learned Public Prosecutor has placed on record the factual report as per which, charge-sheet was filed in the court concerned on 08.01.2018. A report has been received from the Sessions Court, Didwana as per which, the matter is posted for arguments on charge.
3. In this view of the matter, giving liberty to the petitioners to raise all their objections before the trial court at the stage of framing of charges and thereafter if so required, the misc. petition is disposed of. The stay application is also disposed of.
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