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2023 Supreme(Raj) 1159

NUPUR BHATI
Sanjeev Kumar Jain S/o Shri Manmal Jain – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sheetal Kumbhat.
For the Respondents: A.R. Malkani, M.A. Siddiqui.

ORDER :

1. The present criminal misc. petition has been preferred by the petitioner with the following prayers:

    “It is therefore, most humbly and respectfully prayed that the petition may kindly be allowed:

(a) the captioned FIR and the entire proceedings in furtherance thereto qua the petitioner may kindly be quashed and set aside.

(b) any other appropriate/consequential orders or directions which may be deemed just and proper in the facts and circumstances of the case may be passed.”

2. At the outset, learned counsel for the petitioner places reliance upon the judgment dated 18.10.2022 passed by this Court in SBCRLMP No. 3240/2016 titled as Dr. Ganesh Patel vs. State of Rajasthan and Another and submits that the controversy involved in the instant petition is squarely covered with the aforesaid judgment. The relevant portion of the said judgment is reproduced hereunder:

    “5. This Court, looking into the factual matrix of the present case, finds that the First Information Reports impugned herein were filed by the respondent no. 2 i.e. the Sub-Inspector, Authorized Officer under the P.C.P.N.D.T Act; although he is a competent authority to file a complaint under the P.C.P.N.D.T. Act i.e. S

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