Order

20/05/2025 The factual report dated 15.05.2025 received by learned Public Prosecutor from the office of SHO, P.S. Kheroda, District Udaipur is taken on record.

The factual report dated 15.05.2025 indicates that upon conclusion of investigation, the offences under Sections 379 and 411 of IPC have been prima facie found to be proved against the present petitioner.

Heard learned counsel for the parties at bar.

In the opinion of this Court, since the impugned FIR discloses commission of the cognizable offences no case for quashing of the FIR is made out.

This Court while exercising powers under Section 528 BNSS cannot minutely go into the correctness of the allegations levelled against the petitioner at this statge. This Court is not expected to either scan the entire material available on record or to record any definite finding on the contentions raised on behalf of the petitioner, thereon.

The Hon’ble Supreme Court of India in the case of State of Haryana vs. Bhajan Lal & Ors. reported in 1992 Supp. (1) SCC 335, has illustrated the situations wherein, the extraordinary powers under Article 226 of the Constitution of India or the inherent powers under Section 482 Cr.P.C. (528 BNSS) c