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HIGH COURT OF JUDICATURE FOR RAJASTHAN
Kanwaljit Singh Ahluwalia, J
Ashok Pathak – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous (Petition) No. 1218/2019
For the Appellants/Petitioners: Madhav Mitra, Sameer Sharma
For the Respondents: Sher Singh Mahala
The court directed the investigating agency to take available video footage into consideration before concluding the investigation and determining the guilt of the petitioners.
Headnote:(A) Criminal Investigation - Consideration of Evidence - Video Footage - The investigating agency is required to consider available video footage of the incident before concluding the investigation and formulating an opinion on the commission or omission of offences by the accused. (Para 2)
Legal Category Hierarchy
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crime and sentencing
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offences against the person
- wrongful restraint
- assault
- robbery
-
offences against property
- criminal trespass
- mischief
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public order offences
- unlawful assembly
- rioting
-
offences relating to atrocity and discrimination
- offences under scheduled castes and scheduled tribes (prevention of atrocities) act
-
offences against the person
-
practice and procedure
-
criminal procedure
- quashing of fir
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investigation
- consideration of evidence
-
criminal procedure
-/Order/-
The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.249/2018 registered at Police Station Hindaun, Karauli, for the offences under Sections 147, 148, 341, 323, 392, 452, 427, 435, 436 IPC and Section 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 amended 2015.
Learned counsel for the petitioners having argued the matter at some length has restricted his prayer to urge that the investigating agency who is possessed of the video footage of the incident be directed to take the same into consideration before concluding the investigation and formulating any opinion regarding omission or commission of offence on the part of the petitioners.
Learned Public Prosecutor has very fairly stated that in case video footage is available, the same shall be duly considered by the investigating officer before formulating any opinion regarding guilt of the petitioners.
A very fair stand has been taken by the learned Pubic Prosecutor.
Learned counsel for the petitioners has submitted that the present petition be disposed of in terms of the statement made by the learned Public Prosecutor.
Ordered accordingly.
