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2023 Supreme(Online)(RAJ) 17316
HIGH COURT OF RAJASTHAN - HIGH COURT BENCH AT JAIPUR
DEVKINANDAN S/O KAILABUX – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMP 10573/2022
An FIR cannot be quashed under Section 482 Cr.P.C. unless the allegations made therein are frivolous or vexatious.
Headnote:
CRIMINAL PROCEDURE CODE - SECTION 482 - QUASHING OF FIR - SUBJECT MATTER OF INVESTIGATION
Fact of the Case:
The petitioners filed a petition under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash an FIR registered against them for offenses under Sections 323, 341, 379, and 447 of the IPC.
Finding of the Court:
The court held that the allegations made in the FIR were the subject matter of the investigation and could not be quashed under the inherent jurisdiction of the court under Section 482 Cr.P.C.
Issues: Whether the FIR should be quashed under Section 482 Cr.P.C.
Ratio Decidendi: The court relied on the principle that allegations made in an FIR are subject to investigation and cannot be quashed at the initial stage unless they are frivolous or vexatious.
Final Decision: The petition was dismissed, and the petitioners were advised to file a representation before the Investigating Officer, who would consider it in accordance with the law.
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 10573/2022
1.
Devkinandan S/o Kailabux, R/o Bhaisina, P.s. Bhusawar,
District Bharatpur.
2.
Anita W/o Devkinandan, R/o Bhaisina, P.s. Bhusawar,
District Bharatpur.
----Petitioners
Versus
1.
State Of Rajasthan, Through Public Prosecutor.
2.
Jitendra S/o Bhagchand, R/o Bhaisina, P.s. Bhusawar,
District Bharatpur.
----Respondents
For Petitioner(s)
:
Mr. Ved Prakash Saini
For Respondent(s)
:
Mr. Atul Sharma-PP
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
05/01/2023
The present misc. petition under Section 482 of the Code of
Criminal Procedure, 1973 has been filed by the petitioners for
quashing of FIR No. 671/2022 registered at Police Station
Bhusawar, Bharatpur for the offences under Sections 323, 341,
379, 447 of IPC.
Heard learned counsel for the petitioner and learned Public
Prosecutor as well as perused the contents of FIR.
Having regard to the facts and circumstances of the case,
This Court is of the view that the allegations made in the FIR are
the subject matter of the investigation and the same cannot be
quashed under the inherent jurisdiction of this Court under
Section 482 Cr.P.C.
(2 of 2)
[CRLMP-10573/2022]
The petitioner may file a representation along with
documentary evidence before the Investigating Officer, who shall
consider the same in accordance with law.
In case, the Investigating Officer comes to the conclusion
that a cognizable offence is made out against the petitioners, he
shall issue a notice to the petitioners as required under Section
41-A of Cr.P.C.
With the above observations, the instant petition as well as
stay application stands disposed of.
(ANOOP KUMAR DHAND),J
Ashu/37
