MANOJ KUMAR GARG
Shobha Lal Regar – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The petitioner has preferred this writ petition under Section 482 of Cr.P.C. for quashing the FIR No. 22/2023 registered at Police Station Deogarh, District Rajsamand for the offence under Sections 353 & 504 of IPC.
2. Learned counsel for the petitioner submits that both the accused and complainant are employees at Municipal Board, Deogarh. A totally false FIR has been registered against the petitioner by the complainant. Counsel further submits that no such type of occurrence has taken place between the petitioner and complainant and no act has been done by the petitioner. Thus, the complainant only with a view to harass and pressurise the petitioner, filed the present FIR. Therefore, it is prayed that the FIR may be quashed.
3. Learned Public Prosecutor and learned counsel for the complainant have opposed the prayer made by the petitioner.
4. I have considered the arguments advanced before me and carefully gone through the case diary.
5. From the perusal of case diary, it is evident that according to the statements of complainant-Krishna Gopal, Executive Officer of Municipal Board, Deogarh as well as independent witnesses Manoj Kumar, Hari Singh, Babu Singh and Manish Singh
Janta Dal v. H.S. Choudhary (1992) 4 SCC 305
M/s. Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra
N. Soundaram v. P.K. Pounraj (2014) 10 SCC 616]
Pratibha v. Rameshwari Devi JT 2007 (11) 122
State of Haryana v. Choudhary Bhajanlal : 1992 Suppl. (1) SCC 335
Point of Law : Extraordinary jurisdiction under Section 482 Cr.P.C. High Court cannot go beyond the allegations made in the F.I.R. or rely upon extraneous consideration.
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.
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....
High Court should refrain from giving a prima facie decision unless there are compelling circumstances to do so.
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.
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