Back
2022 Supreme(Raj) 3046
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Pushpendra Singh Bhati, J.
Sadik Khan & Ors. – Appellant
Versus
The State of Rajasthan & Ors. – Respondent
S.B. Criminal Misc(Pet.) No. 2918/2021
Decided On : 20-09-2022
Mr. L.D. Khatri with Mr. Chirag Khatri, for the Appellant; Mr. Mahipal Bishnoi, PP Mr. Sawai Singh, S.I., SHO Baap., for the Respondent
The court has the authority to quash an FIR if it finds that it is exactly the same as an earlier FIR and if there are subsequent developments, such as the cancellation of the mutation in question.
Headnote:
Quashing - FIR - The court allowed the petition to quash FIR No.70/2017, which was found to be exactly the same as an earlier FIR, and the mutation in question had been cancelled subsequently.
Fact of the Case:
The petition was filed to quash FIR No.70/2017 for offences under Sections 420, 467, 468, 471 & 120B IPC, as it was found to be the same as an earlier FIR with the same allegations.
Finding of the Court:
The court allowed the petition based on the statement made by the Public Prosecutor and investigating officer, quashing the FIR and setting aside all pending applications.
Issues: Quashing of FIR No.70/2017
Ratio Decidendi: The court found that the FIR was exactly the same as an earlier FIR and that the mutation in question had been cancelled subsequently, leading to the decision to quash the FIR.
Final Decision: The petition to quash FIR No.70/2017 was allowed, and the FIR along with the entire proceeding pursuant thereto was quashed and set aside qua the petitioners.
ORDER
1. This criminal misc. petition under Section 482 Cr.P.C. has been preferred for quashing of FIR No.70/2017 registered at Police Station Baap, Jodhpur Rural, Jodhpur for the offences punishable under Sections 420, 467, 468, 471 & 120B IPC.
2. Learned Public Prosecutor along with the investigating officer present in Court submit that the stratum of the FIR, which was lodged earlier bearing FIR No.42/2011 is exactly the same as FIR No.70/2017. They further submit that the closure report was filed in that earlier FIR having the same allegations. They also inform that the mutation in question has been cancelled subsequently.
3. Upon such statement made by learned Public Prosecutor along with the investigating officer, the present petition is allowed. The FIR No.70/2017 registered at Police Station Baap, Jodhpur Rural, Jodhpur along with the entire proceeding pursuant thereto is hereby quashed and set aside qua the petitioners. All pending applications stand disposed of.
