Jagdish Prasad S/o Sh. Babulal vs State Of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 384

MANOJ KUMAR GARG
Jagdish Prasad S/o Sh. Babulal – Appellant
Versus
State Of Rajasthan – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Ramdev Rajpurohit
For the Respondent: Mr. Vikram Sharma, PP Mr. S.S. Paliwal

ORDER :

1. The petitioner has preferred this petition under Section 482 of Cr.P.C. for quashing the FIR No.208/2022 registered at Police Station Jaisalmer, District Jaisalmer for the offence under Section 306 of IPC and also seeking fair and impartial investigation.

2. Learned counsel for the petitioner submits that the petitioner has nothing to do with this crime and the recovered suicide note which was sent for FSL, the report of same has not been received till now. In these circumstances, since the FIR lodged against the petitioner is frivolous, it may be quashed.

3. Learned Public Prosecutor has opposed the petition and submits that the co-accused has already been arrested and challan of the case has been presented and investigation in respect of the present petitioner is going on. Public Prosecutor further submits that it is well settled position that inherent powers under Section 482 Cr.P.C. can be exercised only in exceptional cases when the Court finds that from the allegation made in the FIR/complaint even prima facie no offence is made out against the accused but in the present case from the evidence collected during investigation, it cannot be said that no case is made out