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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SAMEER JAIN
Babu Lal S/o Shri Natha Ram – Appellant
Versus
State Of Rajasthan, Through Public Prosecutor – Respondent
Judgment :
SAMEER JAIN, J.
1. Given that the present batch of petitions encompasses identical reliefs, are filed by the co-accused-petitioners vis-à-vis an FIR pertaining to use of unlawful means in a public examination scheduled on 15.10.2022 by the Rajasthan Public Service Commission (hereinafter referred to as “RPSC”) and involves interrelated legal and factual issues, and with the consent of the learned counsel representing the respective parties, these matters are consolidated and are being adjudicated upon by this common judgment. It is further clarified that the findings and directions contained herein shall apply mutatis mutandis to all connected petitions. Since the FIR predates the enactment of the new criminal laws, references in this judgment are to the provisions of the erstwhile law. However, provisions that are pari materia are to be construed together, read harmoniously and uniformly, insofar as they are materially identical.
2. The present batch of petitions are filed with a plea to invoke inherent jurisdiction of the Court under Section 528 B.N.S.S./482 of Cr.P.C. for quashing the F.I.R. No. 101/2024 dated 20.03.2024 registered at Police Station Civil Lines, Ajmer fo
The court ruled that prima facie evidence established associations of petitioners with forgery and conspiracy, warranting continuation of criminal proceedings.
Quashing an FIR under Section 482 without allowing full investigation and trial undermines public interest, especially in cases involving forgery and conspiracy related to public examinations.
The court ruled that multiple FIRs against the same individual, based on distinct allegations, cannot be clubbed for investigation, emphasizing the need for thorough investigation into serious econom....
The court emphasized that bail is contingent upon the gravity of the offense, potential for evidence tampering, and public interest, especially in organized crime cases.
The court held that allegations arising from a civil dispute cannot constitute a criminal offence, and continuation of such proceedings amounts to an abuse of the legal process.
The court clarified that allegations of forgery allow for FIR registration without a public servant's complaint, thus enabling investigation.
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