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NARENDRA SINGH DHADDHA
Babu Lal Sharma – Appellant
Versus
State of Rajasthan Through PP – Respondent
ORDER
1. These instant criminal misc. petitions have been preferred by the accused petitioners seeking quashing of FIR No.242/2016 registered at Police Station Jhotwara, Jaipur City (South) for the Offences under Sections 420, 406, 457, 380 and 120-B IPC.
2. Learned counsel for the petitioners submits that petitioners and complainant are closed relative. Complainant has lodged the present FIR against the petitioners on wrong facts. As per FIR, it is lodged after inordinate delay of 4-5 months. Learned counsel for the petitioners also submits that as per FIR, incident of Vishvakarma, Jaipur but present FIR has been lodged in Police Station Jhotwara. So, Police Station Jhotwara has no right to conduct the investigation in this matter. Learned counsel for the petitioners also submits that complainant in FIR levelled the allegation of theft goods value of Rs.1,57,78,771/- but he has not submitted any document regarding these goods. Learned counsel for the petitioners also submits that after investigation, two times FR were proposed but complainant had managed to change the investigation and present Investigating Officer has wrongly found the offence under Sections 453 and 380 IPC proved.
The court's decision was influenced by the principles laid down in Prashant Bharti v. State of NCT of Delhi and State of Haryana and Ors. Vs. Ch. Bhajan Lal and Ors., emphasizing the need for sound, ....
The central legal point established in the judgment is the application of the principles for quashing FIRs, emphasizing the need for sound and reasonable material to rule out the assertions contained....
The scope for quashing FIRs under Section 482 of CrPC is limited and requires concrete grounds showing no cognizable offences are disclosed.
The court established that inherent powers under Section 482 Cr.P.C. should be exercised cautiously and only when no prima facie case exists against the accused.
The court emphasized that the inherent power of the High Court should not be used to stifle a legitimate prosecution and that the question of mala fides is not relevant if the complaint is correct an....
First information report is not an encyclopaedia which must disclose all facts and details relating to offence reported.
The power of quashing a criminal proceeding should be exercised sparingly and with circumspection, and only in rarest of rare cases.
Power under Section 482 CrPC has to be exercised sparingly and cautiously to prevent abuse of process of any Court and to secure ends of justice.
The court's decision was based on the application of the principles laid down in various cases to determine the exercise of inherent powers under Section 482 Cr.P.C. and the prima facie nature of the....
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