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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANDEEP TANEJA
Narsinghram, S/o. Punaram – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. filing of fir under specific ipc sections. (Para 1 , 2) |
| 2. arguments regarding false fir and absence of instigation. (Para 3) |
| 3. opposition to quashing and need for thorough investigation. (Para 4 , 5) |
| 4. guidelines for exercising section 482 powers. (Para 6 , 7) |
| 5. limited scope for quashing firs. (Para 8 , 9) |
| 6. analysis of fir and plea of alibi. (Para 10 , 11) |
| 7. distinguishing previous cases from the current context. (Para 12 , 13 , 14) |
| 8. conclusion and dismissal of petitions. (Para 15 , 16 , 17) |
ORDER :
SANDEEP TANEJA, J.
1. These criminal misc. petitions have been filed under Section 482 of the Code of Criminal Procedure (for short ‘CrPC’) for quashing the FIR No.67 dated 18.03.2018 registered at Police Station Bilara, Jodhpur Gramin for the offences under Sections 143 , 306, 384, 385 and 500 IPC .
2. The subject FIR reads as under :
3. Learned counsel for the petitioners has submitted that filing of FIR is simply an outcome of ulterior motive with a view to create undue pressure upon the petitioners. It is further submitted that the complainant had lodged the false FIR with an intention of taking undue benefit of his father’s illness, previous medical history and ol
The scope for quashing FIRs under Section 482 of CrPC is limited and requires concrete grounds showing no cognizable offences are disclosed.
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 power of quashing a criminal proceeding should be exercised sparingly and with circumspection, and only in rarest of rare cases. The High Court should refrain from giving a premature decision in ....
The power to quash FIR should be exercised sparingly, ensuring no substantial allegations are ignored.
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.
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