HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B.Criminal Miscellaneous (Petition) No. 476 / 2017 Rajesh Choudhary And Anr.

----Petitioners Versus State Of Rajasthan And Anr ----Respondent _____________________________________________________

For Petitioner(s) : Mr. Rajendra Kumar Sharma,Mr. Rajesh Maharishi, Mr. Satish Khandal, Mr.

Kamal Sharma, Mr. Anil Upman, Mr. B.S. Rajawat, Mr.Bhuwnesh Sharma, Mr. Umesh Vyas, Mr. Ashok Yadav, Mr. Laxman Meena, Mr. V.B. Sharma, Mr. K.P. Choudhary, Mr. S.S. Ola, Mr. Akbar Ahmed and Mr. S.S.Kalla For Respondent(s) : Mr. N.S. Shekhawat, PP Mr. Prafulla Kumar, Addl. Commissioner, Jaipur is present in person _____________________________________________________

HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

Order

25/01/2017 This petition has been filed under Section 482 CrPC with the following prayer:

“It is, therefore, humbly prayed that your Lordships may graciously be pleased to accept this criminal misc. petition and further be pleased to call for the entire record relating to the case from the investigating officer and same may kindly be examined; and i) That the FIR No. 46/2013 at Police Station, Sindhi Camp, District Jaipur may kindly be quashed and set-aside.

ii) Any other appropriate relief may also be granted to the petitioner.”

Brief facts of the case are that on 7.3.2013, an FIR was lodged by the respondent no. 2 (Dharam Singh), Assistant Sub Inspector of Police, Police Station, Sindhi Camp, Jaipur against the petitioners and others. The instant petition has been filed for quashing the aforesaid FIR.

Learned counsel for the petitioners have contended that during the period of lawyer’s agitation, false allegations were levelled in the aforesaid FIR while nothing had happened. It appeared from the record of the CCTV cameras that absolutely false case was registered by the complainant – respondent, while petitioners were not present at the place of occurrence. They were in the Court campus as the petitioners and others, whose names have been mentioned in the FIR, are practicing Advocates of Rajasthan High Court, Jaipur Bench, Jaipur as well as Sessions Court. They have further contended that in the aforesaid FIR, the charge sheet has been filed against two persons. Thereafter the court below took cognizance and committed the case and still the investigation is pending against number of persons. Learned counsel have further contended that against the order of cognizance, they have filed a separate petition, in which Nirmal Kumar Sharma is also a party, and thus, they may be permitted to withdraw the petition filed on behalf of petitioner no.2 Nirmal Kumar Sharma.

In view of above, the petition filed on behalf of petitioner no.2 Nirmal Kumar Sharma is accordingly dismissed as withdrawn So far as the petition filed on behalf of petitioner no.1 Rajesh Choudhary is concerned, learned counsel have contended that the police has falsely implicated accused petitioner as well as other number of Advocates, who were present in the Court campus. Learned counsel has further pointed out that from the reading of FIR, which has been lodged against the accused petitioner, as well as from the evidence collected by the respondent no.2, it does not disclose the commission of any offence by the petitioner. They have further contended that the allegation levelled in the FIR does not constitute a cognizable offence, but constitute only a non cognizable offence, and for the purpose of investigation, permission is required under Section 155(2) CrPC. In the last, they have requested that the impugned FIR No. 46/2013 lodged in this matter, may be quashed and set-

aside.

Issue notice to respondent no.2, returnable within four weeks. In the meanwhile, the investigation of FIR No. 46/2013 Police Station, Sindhi Camp, District Jaipur shall remain stayed.

(MAHESH CHANDRA SHARMA)J.

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