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ANIL KUMAR UPMAN
Mohammad Shad Khan – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. filing of a petition to quash an fir. (Para 1) |
| 2. petitioner's claim of false implication with affidavits. (Para 2 , 3) |
| 3. opposition to the quash petition by the public prosecutor. (Para 4) |
| 4. court's consideration of evidence and arguments. (Para 5 , 6) |
| 5. quashing of fir based on lack of evidence. (Para 7) |
ORDER :
1. By way of this criminal misc. petition under Section 482 of the Code of Criminal Procedure, the accused-petitioner has approached this Court with a prayer to quash the FIR No. 395/2022 registered at Police Station Malarna Dungar, District Sawai Madhopur for the offences punishable under Sections 143 , 365 and 384 Cr.P.C and under Section 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, qua him.
2. Learned counsel for the petitioner submits that the investigating agency has falsely roped the accused petitioner in this case. He submits that as per the FIR, on 15.12.2022, Kamlesh Meena was allegedly taken away by accused Aurangzeb S/o Shri. Khalid Khan, Shahrukh S/o Shri. Hazi Murtuja, Shad S/o Shri. Irshad and four-five other persons and thus, it is apparent that the petitioner is not named in the FIR but the investig
The court can quash FIRs that are frivolous or motivated by ulterior motives, especially when the accused is not named in initial complaints.
The court cannot quash an FIR based on allegations without assessing the correctness of those allegations at the initial stage.
Malicious prosecution claims must show prima facie cases are unfounded; mere political allegations do not suffice to quash FIRs without substantive evidence.
Prima facie cognizable offence must be made out from the contents of the FIR to prevent quashing of the FIR.
An FIR may be quashed if the accused is not named and lacks specific allegations against them, highlighting the necessity of adhering to procedural safeguards in criminal investigations.
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