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