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IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Anoop Kumar Dhand, J.
Pushpendra Singh - Petitioner
Versus
State of Rajasthan and Ors. - Respondents
S.B. Criminal Miscellaneous (Petition) No. 10956 of 2022, S.B. Criminal Miscellaneous (Petition) No. 10657 of 2022
Decided On : 12-01-2023
| Table of Content |
|---|
| 1. quashing of fir under cr.p.c. 482 not permissible. (Para 1) |
| 2. court observes allegations are subject to investigation. (Para 2) |
| 3. procedural directions for investigation and disposal of petitions. (Para 3 , 4 , 5) |
ORDER :
Anoop Kumar Dhand, J.
Instant petitions have been filed by the petitioners under Section 482 of Cr.P.C. for quashing of F.I.R. No. 10/2022 registered at Police Station Sodala, Jaipur City South for the offences under Sections 204 , 379, 420, 506 and 120-B of IPC.
2. Having regard to the facts and circumstances of the case, this Court is of the view that the allegations made in the aforesaid F.I.R. are the subject matter of investigation and the same cannot be quashed in the inherent jurisdiction of this Court under Section 482 Cr.P.C.
3. The petitioners may file a representation before the Investigating Officer with all documentary evidence, who shall consider the same in accordance with law.
4. In case, the Investigating Officer comes to the conclusion that cognizable offence is made out against the petitioners, he shall issue a notice to the petitioners as required under Section 41-A of the Cr.P.C.
5. Instant criminal miscellaneous petitions as well as the stay applications stand disposed of accordingly.
The power under Section 482 of Cr.P.C. should be exercised sparingly and cautiously to prevent the abuse of process of any court and to secure the ends of justice.
A negative final report from an investigation can lead to the quashing of an FIR under Section 482 CrPC when no evidence supports the charges.
The filing of a civil suit does not exempt a person from criminal liability, and the investigating agency must ascertain the truth of allegations in an FIR.
The court has the power to quash FIRs under Section 482 of the CrPC if it deems the petition to be infructuous.
A negative final report in a criminal investigation can lead to the quashing of an FIR when no evidence supports the allegations.
The court's discretion to quash an FIR under Section 482 CrPC based on the conclusion of the investigation.
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