Back
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Dr. Pushpendra Singh Bhati, J.
Pramod Katara & Ors. – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Criminal Miscellaneous (Petition) No. 5439, 5061 of 2022
Decided On : 12-12-2022
Section 482 of Cr.P.C. - Quashing of FIR - The court disposed of the petition with liberty to submit bail bonds and take up issues before the trial court. Another petition for quashing the same FIR was dismissed as no offence was made out.
Fact of the Case:
Petition under Section 482 of Cr.P.C. for quashing of FIR for offences under Sections 498A & 406 of IPC. Allegations against the petitioner, a Government Servant, were contested.
Finding of the Court:
The first petition was disposed of with liberty to submit bail bonds and take up issues before the trial court. The second petition was dismissed as no offence was made out.
Issues: Allegations against the petitioner, sufficiency of evidence, and the decision to quash the FIR.
Ratio Decidendi: The court considered the submissions of the petitioner and the Public Prosecutor, and in the first petition, allowed the petitioner to submit bail bonds and take up issues before the trial court. In the second petition, the court dismissed it as no offence was made out.
Final Decision: The first petition was disposed of with liberty to submit bail bonds and take up issues before the trial court. The second petition was dismissed as no offence was made out.
JUDGMENT
Dr. Pushpendra Singh Bhati, J. - In S.B. Criminal Misc(Pet.) No. 5439/2022 :-
2. The present petition has been preferred by the petitioner under Section 482 of Cr.P.C. for quashing of FIR No.146/2022 lodged at Police Station Mahila Thana, District Udaipur for the offence under Sections 498A & 406 of IPC.
3. Learned counsel for the petitioner submits that the petitioner is a Government Servant and the allegations levelled against him are not made out.
4. Learned Public Prosecutor submits that the prima facie the offence has been made out against the present petitioner.
5. The factual report produced by learned P.P. is taken on record.
6. In the peculiar factual matrix, the present petition is disposed of with liberty to the petitioner to submit his requisite bail bonds before the learned trial Court at the time of filing of the charge-sheet and the date of filing of the charge-sheet shall be informed by the Investigating Officer to the petitioner; in case he fails to do so, the learned trial court shall be free to proceed strictly in accordance with law. Further, the petitioner shall also have a liberty to take up all his issues, before the learned trial Court, at appropriate stage.
7. All pending applications also stand disposed of.
In S.B. Criminal Misc(Pet.) No. 5061/2022:-
8. The present petition has been preferred by the petitioners under Section 482 of Cr.P.C. for quashing of FIR No.146/2022 lodged at Police Station Mahila thana, District Udaipur for the offence under Sections 498A & 406 IPC.
9. At the outset, learned Public Prosecutor submits that no offence has been made out against the present petitioners.
10. The factual report furnished by learned Public Prosecutor is taken on record.
11. In light of such submission, the present petition is dismissed as having become infructuous. All pending applications stand disposed of.
AI
The court's discretion under Section 482 of Cr.P.C. to quash FIRs based on the sufficiency of evidence and submissions by the parties.
The court has the discretion to dismiss a petition for quashing an FIR under Section 482 of Cr.P.C. if the circumstances make it infructuous.
The central legal point established is the requirement of obtaining proper sanction for prosecuting a government servant for acts committed in discharge of official duties, as per Section 197 Cr.P.C.
The court has the power to quash FIRs under Section 482 of the CrPC if it deems the petition to be infructuous.
A negative final report from an investigation can lead to the quashing of an FIR under Section 482 CrPC when no evidence supports the charges.
The main legal point established in the judgment is that the allegations in an FIR, when taken at their face value, must prima facie constitute the necessary ingredients for an offence under the Pena....
The main legal point established in the judgment is the interpretation and application of Section 197(1) Cr.P.C, providing protection to public servants from vexatious proceedings, and the court's em....
Point of Law : Quash of Criminal proceedings - Power under section 482 Cr.P.C. has to be exercised sparingly, carefully and with great caution.
The main legal point established in the judgment is that the allegations in the FIR must prima facie constitute an offence or make out a case against the accused. The court emphasized the need for ev....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
