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2021 Supreme(Raj) 1638
RAJASTHAN HIGH COURT
Sandeep Mehta, J.
Mukesh Joshi - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous (Petition) No. 3610 of 2017
Decided On : 06-08-2021
Dhirendra Singh, Advocate, Jagdish Bishnoi, Advocate, A.R. Choudhary, Advocate
The court reaffirmed the principle that defendants have the right to contest charges during the trial process rather than preemptively quashing an FIR.
Headnote:
QUASHING - FIR - The court addressed a petition seeking the quashing of an FIR for multiple IPC offences and under the PDPP Act, allowing the petitioners to raise objections during the trial stage, emphasizing the importance of procedural rights in criminal proceedings.
Fact of the Case:
The petitioners filed a misc. petition to quash FIR No.142/2017 for offences under various sections of the IPC and the PDPP Act, which had led to a charge-sheet being filed in court.
Finding of the Court:
The court noted that the charge-sheet was filed and the matter was set for arguments on charge, allowing the petitioners to present their objections at the trial stage.
Issues: Whether the FIR should be quashed and if the petitioners' objections could be raised at the trial stage.
Ratio Decidendi: The court held that procedural rights must be preserved, allowing the petitioners to contest the charges during the trial rather than quashing the FIR at this stage.
Result: The misc. petition was disposed of, granting liberty to the petitioners to raise objections before the trial court.
JUDGMENT
Sandeep Mehta, J. - The instant misc. petition has been filed by the petitioners seeking quashing of FIR No.142/2017 registered at Police Station Khunkhuna, District Nagaur for the offences under Sections 147, 148, 323, 336, 427, 332 and 353 IPC and under Section 3 of the PDPP Act.
2. Learned Public Prosecutor has placed on record the factual report as per which, charge-sheet was filed in the court concerned on 08.01.2018. A report has been received from the Sessions Court, Didwana as per which, the matter is posted for arguments on charge.
3. In this view of the matter, giving liberty to the petitioners to raise all their objections before the trial court at the stage of framing of charges and thereafter if so required, the misc. petition is disposed of. The stay application is also disposed of.
