IN THE HIGH COURT OF RAJASTHAN
Manoj Kumar Garg, J.
Bhaira Ram – Petitioner
Versus
State of Rajasthan – Respondent
S.B. Criminal Misc. (Pet.) No. 1671 of 2023
Decided On : 27-04-2023
| Table of Content |
|---|
| 1. petition for quashing fir based on prior dismissal. (Para 1 , 2) |
| 2. petitioner's claim of forged vehicle registration. (Para 3) |
| 3. opposition to the petition and considerations of case-diary. (Para 4 , 5) |
| 4. police investigation concluded petitioner as registered owner. (Para 6) |
| 5. guidelines for exercising powers under section 482 cr.p.c. (Para 7 , 8 , 9 , 10 , 11) |
| 6. no case for quashing fir established. (Para 12) |
| 7. dismissal of the criminal misc. petition. (Para 13) |
ORDER :
1. The present criminal misc. petition under Section 482 Cr.P.C. has been filed for quashing of FIR No. 076/2019 registered at Police Station Bhadesar, District Chittorgarh for offences under Section 8 /15 of NDPS Act.
2. Earlier, the petitioner preferred S.B.Criminal Misc. Petition No. 6800/2022 before this Court for quashing the aforementioned FIR. The said criminal misc. petition was dismissed by coordinate Bench of this Court vide order dt. 04.11.2022 with liberty to the petitioner to put forth his defence by way of representation along with documentary as well as other evidence before the concerned Investigating Officer.
3. Learned counsel for the petitioner submits that the vehicle carrying alleged contraband was initially registered in the name of Sales India Pvt. Ltd. At Gujarat. Thereafter, the said vehicle was purchased by one Karna Ram. When the police called the petitioner for interrogation, he came to know that the aforesaid vehicle is registered in his name at RTO Barmer and after obtaining registration certificate, sale letter, NOC etc. under the RTI Act, he found that the signatures made on those documents were forged. In pursuance of the order of this Court date 04.11.2022, the petitioner submitted representation along with documents before the Investigating Officer but the same were not considered. In these circumstances, the impugned FIR may be quashed. In the alternative, he prays that the Investigating Officer may be directed to send the signatures of the petitioner on the documents for registering the offending vehicle.
4. Learned Public Prosecutor opposed the prayer of the petitioner.
5. I have considered the arguments advanced before me and carefully gone through the case-diary.
6. The Investigating Officer has considered the representation filed by the petitioner and also obtained the relevant documents from the concerned Department. The police investigated the case thoroughly and has come to a conclusion that the petitioner is registered owner of the offending vehicle and therefore, a prima facie case is made out against him. So far as the contention that the petitioner is not registered owner of the vehicle, is concerned, the same shall be considered by the trial court at the time of framing of charge.
7. Hon'ble Supreme Court in the case of State of Haryana & Ors. v. Choudhary Bhajanlal & Ors. : [1992 Suppl. (1) SCC 335], laid down guidelines for exercising inherent powers under Section 482 Cr.P.C. to quash FIR and criminal proceedings. The Court held:
1. Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not primafacie constitute any offen
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
AI
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.
High Court should refrain from giving a prima facie decision unless there are compelling circumstances to do so.
The scope for quashing FIRs under Section 482 of CrPC is limited and requires concrete grounds showing no cognizable offences are disclosed.
The power to quash a criminal proceeding should be exercised sparingly and with circumspection, and only in rare cases. The High Court should not give a premature decision when the entire facts are i....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.