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2021 Supreme(Online)(RAJ) 449

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
SATISH KUMAR SHARMA
AJIT @ GOPICHAND S/O NARAYAN B/C BAWARIA – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Order

05/08/2021

1. This Petition has been filed under Section 482 Cr.P.C. for quashing of charge sheet No.310/2018 arising out of FIR No.71/2018 registered at Police Station Rainwal, District Jaipur for offences under Sections 323, 341, 365, 143, 308 and 342 IPC and Section 3(2)(v)(a), 3(1)(w) and 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989.

2. Heard learned counsel for both the sides and perused the material made available on record.

3. Learned counsel for the petitioners submits that though the police after investigation has submitted charge sheet in the matter, but the petition under Section 482 CrPC for quashing the criminal proceedings is maintainable even after filing of challan. All the allegations levelled against the petitioners are totally false and fabricated, without conducting investigation in fair and impartial manner. Cross cases were registered regarding the same incident. Minor child of the accused-petitioners was kidnapped by the complainant and her companions. The accused-petitioners in exercise of their right to private defence had to save the child. No offence whatsoever is made out against them. The charge sheet filed against them under Section 299 CrPC

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