CHANDRA KUMAR SONGARA
Yogesh Singh Tanwar – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Chandra Kumar Songara, J.
Instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been preferred on behalf of the accused-petitioner with the prayer for quashing of F.I.R. No.868/2019 registered at Police Station Pratap Nagar, Jaipur City (East) for offences punishable under Sections 420 , 406, 467, 468, 471 & 120-B of INDIAN PENAL CODE .
2. Learned counsel appearing for the accused-petitioner has submitted that the impugned F.I.R. has been lodged by the complainant with an inordinate delay and as a counter-blast to falsely implicate the petitioner, as no case is made out against the petitioner. Counsel has further submitted that a civil suit is also pending before learned Civil Court for taking possession of acquired land by the Housing Board and when it came to the knowledge of the petitioner, he approached the complainant to return total amount of sale consideration and the complainant has not returned the said amount. Counsel has also submitted that the petitioner has filed the criminal complaint before the learned Court of A.C.J.M. Kotputli on 05.07.2019. The said Court has sent a complaint under Section 156 (3) of Cr.P.C. to the Police Station Kotp
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The court established that inherent powers under Section 482 Cr.P.C. should be exercised cautiously and only when no prima facie case exists against the accused.
The power to quash an FIR under Section 482 Cr.P.C. should be exercised sparingly and cautiously, and only in cases where the allegations do not prima facie constitute an offense or where there is an....
The power of quashing a criminal proceeding should be exercised very sparingly and with circumspection, and only in the rarest of rare cases.
High Court should refrain from giving a prima facie decision unless there are compelling circumstances to do so.
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