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ARUN MONGA
Chatar Singh Chouhan, S/o. Ratan Singh Chouhan – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
ORDER :
(Arun Monga, J.)
1. Quashing of an FIR No.0452/2024 dated 13.08.2024 registered at Police Station Sukher, Udaipur under Sections 191(2), 115(2), 126(2), 351(2)/(3) and 74 of BNS, 2023 is sought herein.
2. Petitioner No.1 is a 71 years old senior citizen and works as one of the security personnel at the Eklingji temple, Kailashpuri and so is petitioner No.2, a security guard in the same temple. Complainant is wife of a serving Judicial officer in the State of Rajasthan.
3. Factual background as pleaded in the petition herein is as follows:
3.1 The Eklingji Temple at Kailashpuri (Udaipur) is an ancient temple believed to be over 1,300 years old. The main deity, a five-faced Lord Shiva carved from black stone, is regarded as the ruling deity of the former Mewar State, with the erstwhile kings serving as its custodians. The temple was built in the 8th century AD by Shri Bappa Rawal.
3.2 An unfortunate incident occurred on August 13, 2024, involving the complainant's husband, Shri Siddharth Shankar Sharma, a Senior Civil Judge and Additional Chief Judicial Magistrate posted at Newai, Tonk. However, claiming himself to be a High Court judge, he allegedly intruded into the queue of devo
The court ruled that allegations in the FIR were baseless, lacking evidence, and emphasized the necessity for substantiated claims in criminal proceedings.
The court cannot use inherent powers to quash proceedings when a prima facie case exists for trial.
The court established that allegations in an FIR must disclose a cognizable offence; mere civil disputes cannot be criminalized without clear evidence of criminal intent.
The court reaffirmed that judicial officers can be prosecuted for criminal offenses, provided the necessary permissions are obtained, and that the evaluation of evidence and witness credibility is re....
FIR quashed under Section 528 BNSS as counter-blast to petitioner's prior complaint alleging outraging modesty, per Bhajan Lal Category 7, due to unexplained six-day delay and mala fide intent amid l....
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