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2023 Supreme(Raj) 926

MANOJ KUMAR GARG
Mahendra – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Rajat Rajpurohit, Advocate, Anil Joshi, Advocate

JUDGMENT

Manoj Kumar Garg, J. - The petitioner has preferred this petition under Section 482 of Cr.P.C. for quashing the FIR No.234/2022 registered at Police Station Bilara, District Jodhpur for the offences under Sections 354 and 509 of IPC and Section 67 of the IT Act.

2. Learned counsel for the petitioner submits that a false allegation has been levelled against the petitioners and they have nothing to do with this crime. The petitioners have not made any video viral of the victim. In these circumstances, since the FIR lodged against the petitioner is frivolous, it may be quashed.

3. Learned AAG has opposed the petition.

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

5. According to the statement of statement of victim recorded under Section 164 Cr.P.C., a specific allegation has been levelled against the petitioners. 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 Suppl. (1) SCC 335], laid down guidelines for exercising inherent powers under Section 482 Cr.P.C. to quash FIR and criminal proceedings. The Court he

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