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MANOJ KUMAR GARG
Faizal Khan – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The present misc. petition under Section 482 Cr.P.C. has been filed by the petitioner for quashing of FIR No. 485/2022 registered at Police Station Bilara, Jodhpur Rural for offence under Sections 279 & 304-A IPC.
2. Learned counsel for the petitioner submits that the petitioner has been implicated in this case only on the count that he was present at the spot when the accident took place whereas the petitioner was not driving the vehicle which hit the deceased. In fact, the petitioner along with his relatives took the injured to the hospital in his car. In these circumstances, the FIR lodged by respondent No. 2 may be quashed.
3. Per contra, learned Public Prosecutor has opposed the prayer of the petitioner.
4. I have considered the rival arguments and carefully gone through the case-diary.
5. A perusal of the case-diary reveals that at the time of accident, the petitioner was driving the vehicle which hit the deceased. The police after thorough investigation found the offence under Sections 279 & 304-A IPC proved against the petitioner.
6. Hon'ble Supreme Court in the case of State of Haryana & Ors. v. Choudhary Bhajanlal & Ors. : [1992 Suppl. (1) SCC 335], laid down guideli
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 a criminal proceeding under Section 482 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.
Court when it exercises power under Section 482 Cr.P.C., only has to consider whether allegations in FIR disclose commission of a cognizable offence or not.
Inherent powers under Section 482 Cr.P.C. should be exercised cautiously to prevent abuse of process and to allow legitimate prosecutions to proceed.
High Court should refrain from giving a prima facie decision unless there are compelling circumstances to do so.
The power of quashing a criminal proceeding should be exercised sparingly and with circumspection, and only in rarest of rare cases.
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