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2023 Supreme(Raj) 371

MANOJ KUMAR GARG
Naresh Kumar S/o. Ruli Chand Sharma – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Petitioner: Mr. Vikash Choudhary.
For the Respondent: Mr. Mukhtiyar Khan, PP, Ms. Kavita Poonia, SHO, P.S. Bhirani, District Hanumangarh.

ORDER :

1. The petitioner has preferred this petition under Section 482 of Cr.P.C. for quashing the FIR No.278/2022 registered at Police Station Bhirani, District Hanumangarh for the offences under Sections 341, 323 & 34 of IPC and Section 3(2)(va) of SC/ST Act.

2. Learned counsel for the petitioner submits that eye witness Purnmal @ Ghanshyam gave an affidavit that no such type of occurrence took place and the present petitioner has never beaten the injured. In these circumstances, since the FIR lodged against the petitioner is frivolous, it may be quashed.

3. Learned Public Prosecutor has opposed the petition.

4. I have considered the arguments and perused the case diary.

5. According to the perusal of the case diary, a specific allegation has been made by the injured Surendra that the present petitioner inflicted injuries with an iron rod and according to perusal of the injury report, injured received total three injuries and injury Nos.1 & 2 are found to be grievous in nature. In these circumstances, it cannot be said that the FIR is frivolous. Furthermore, FIR cannot be quashed.

6. Hon’ble Supreme Court in the case of State of Haryana & Ors. Vs. Choudhary Bhajanlal & Ors., 1992 Supp

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