2023 Supreme(Online)(RAJ) 983
HIGH COURT OF RAJASTHAN
MANOJ KUMAR GARG
DEVI LAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMP/6620/2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6823/2022
Kishna Ram S/o Sh. Foja Ram, Aged About 55 Years, R/o
Jangoon Ki Dhaniya, Bhimsagar, Dist. Jodhpur.
----Petitioner
Versus
1.
State Of Rajasthan, Through Pp
2.
Bhoma Ram S/o Sh. Pepa Ram, R/o Shiwapura,
Chandsama, Dechu, Dist. Jodhpur.
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 6620/2022
Devi Lal S/o Sh. Pema Ram, Aged About 46 Years, Sagra, R/o
Raikon Ki Dhani, Ramdev Angar, Sagran, Teh. And Dist. Jodhpur,
Presently Working As Jr. Assistant Gram Panchayat Thadiya,
Panchayat Samiti Chamu, Dist. Jodhpur.
----Petitioner
Versus
1.
State Of Rajasthan, Through Pp
2.
Bhomaram S/o Sh. Peparam, Shiwapura, R/o Vill.
Chandsama, Teh. Dechu, Dist. Jodhpur.
----Respondents
S.B. Criminal Misc(Pet.) No. 6660/2022
1.
Bhawani Shankar Meena S/o Sh. Giriraj Prasad Meena,
Aged About 27 Years, R/o Vill. Rahdiya, Post Chandera,
Dist. Dausa, Presently Working As Assistant Public Health
Inspector, Municipal Corporation, Delhi.
2.
Vikas Meena S/o Sh. Bheru Lal Meena, Aged About 30
Years, R/o Neemkhedi, Gopalpura, Teh. And Dist. Kota
(Raj.). Presently Working As Patwari, Patwar Circle
Notada Bhopat, Teh. Thaleda, Dist. Bundi
----Petitioners
Versus
1.
State Of Rajasthan, Through Pp
2.
Bhomaram S/o Sh. Peparam, Shiwapura, R/o Vill.
Chandsama, Teh. Dechu, Dist. Jodhpur.
(2 of 8)
[CRLMP-6823/2022]
----Respondents
For Petitioner(s)
:
Mr. Surendra Singh Choudhary
Mr. Moti Singh
Mr. Jogendra Singh
For Respondent(s)
:
Mr. Mukhtiyar Khan, PP
Mr. S.S. Gour
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
02/02/2023
Criminal Misc(Pet.) No. 6823/2022
The petitioner has preferred this petition under Section 482
of Cr.P.C. for quashing the FIR No.0231/2020 registered at Police
Station Dechu, District Jodhpur for the offences under Sections
419, 420, 467, 468, 471 and 120-B of IPC.
Learned counsel for the petitioner submits that the petitioner
was not posted as Gram Sewak at the time of occurrence. The
petitioner was posted as Gram Sewak before Gram Panchayat,
Chandsama in the year 2015-2016 and the present occurrence
relates to year 2017 to 2020. In these circumstances, since the
FIR lodged against the petitioner is frivolous, it may be quashed.
Learned Public Prosecutor has opposed the prayer made by
learned counsel for the petitioner and submits a detailed report
wherein it is mentioned that offence against the present petitioner
who was a Gram Sewak of Gram Panchayat, Chandsama have
been proved. He further submits that in FSL Report it is mentioned
that “the blue enclosed disputed signatures stamped and marked
as Q1 to Q62 show dissimilarities with the blue enclosed standard
signatures, writing stamped and marked as R1 to R107, A1 to
A15, A38 to 53.”
(3 of 8)
[CRLMP-6823/2022]
I have considered the arguments advanced before and
looking to the facts and circumstances, it cannot be said that the
FIR is frivolous. Furthermore, FIR cannot be quashed.
Hon’ble Supreme Court in the case of State of Haryana &
Ors. Vs. 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:
"102. In the backdrop of the interpretation of the
various relevant provisions of the Code under Chapter
XIV and of the principles of law enunciated by this
Court in a series of decisions relating to the exercise of
the extraordinary power under Article 226 or the
inherent powers under Section 482 of the Code which
we have extracted and reproduced above, we give the
following categories of cases by way of illustration
wherein such power could be exercised either to
prevent abuse of the process of any court or otherwise
to secure the ends of justice, though it may not be
possible to lay down any precise, clearly defined and
sufficiently channelised and inflexible guidelines or
r