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2021 Supreme(Raj) 673
IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta, J.
Vikas Bubkiya - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous (Petition) No. 1953 of 2019
Decided on : 05-08-2021
Vineet Jain, Advocate, Mahipal Bishnoi, Advocate
The court's decision was influenced by the proof of the offense under Section 380 IPC against one of the accused.
Headnote:
Quashing - FIR - The court dismissed the petition seeking quashing of FIR No.178/2019 registered at PS Kotwali, Pali.
Fact of the Case:
The petitioner filed a petition seeking quashing of FIR No.178/2019 registered at PS Kotwali, Pali. The offense under Section 380 IPC was found proved only against one of the accused.
Finding of the Court:
The court dismissed the petition as well as the stay application as having rendered infructuous.
Issues: The main issue was the quashing of the FIR and the discharge of the accused under Section 169 Cr.P.C.
Ratio Decidendi: The court found that the offense under Section 380 IPC was proved only against one of the accused, leading to the dismissal of the petition seeking quashing of the FIR.
Final Decision: The court dismissed the petition seeking quashing of the FIR and the stay application as having rendered infructuous.
JUDGMENT
Sandeep Mehta, J. - The instant misc. petition has been filed on behalf of the petitioner seeking quashing of FIR No.178/2019 registered at PS Kotwali, Pali.
2. Learned Public Prosecutor has placed on record the IO s factual report as per which, the offence under Section 380 IPC has been found proved only against the accused Dilip Gadiya S/o Shri Kisturchand. Two accused persons namely Vishal Kothari and Narayan Singh were arrested in this case. Their discharge has been sought under Section 169 Cr.P.C.
3. In view of above, the instant misc. petition as well as the stay application are dismissed as having rendered infructuous.
