CourtKutchehry.com
High CourtsSingle Bench

Suresh Choudhary vs State Of Rajasthan

Rajasthan High Court · Decided on 17 December 2018 · Citation: (2018) 12 RAJ CK 0191

HON’BLE JUDGES
Pushpendra Singh Bhati, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 120B, 305, 306, 365, 392
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous (Petition) No. 4321, 3846 Of 2018
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

9 paragraphs · 352 words
1.

The petitioner has preferred this misc. petition under Section 482 of Cr. P.C. for quashing of FIR No.92/2018 lodged qua him at P.S. Borunda, District Jodhpur for offence under Sections 365, 392, 306 and 120-B IPC.

2.

At the outset, learned Public Prosecutor submits that offence under Sections 305 and 392 IPC are not proved against Suresh and Gaurav Yadav and there is no evidence on record for offence under Section 365 and 120-B IPC.

3.

In light of aforesaid submission and the factual report, this Court deems it appropriate to dispose of the instant misc. petition with liberty to the petitioner to give representation to I.O. as regards his innocence for offence under Section 306 IPC.

4.

Learned Public Prosecutor assures this Court that if the petitioner submits a representation alongwith all the necessary documents before the concerned investigating authority within a period of ten days from today, then the same shall be considered and decided strictly in accordance with law, before completing the investigation.

5.

In light of the aforesaid assurance given by learned Public Prosecutor, the present misc. petition is disposed of with a direction to the concerned investigating authority that in case the petitioner submits a representation alongwith all the necessary documents before it within a period of ten days from today, then the same shall be considered and decided before completing the investigation, strictly in accordance with law and as per the assurance given by the learned Public Prosecutor.

CRLMP No.3846/2018

1.

The petitioner-Smt. Geeta Devi has preferred this misc. petition under Section 482 of Cr. P.C. seeking fair investigation in FIR No.92/2018 registered at P.S. Borunda, District Jodhpur for offence under Sections 365, 392, 306 and 120-B IPC.

2.

Since multiple investigation has led to submission of factual report by I.O. stating that offence U/s.305 and 392 IPC is not proved against Suresh and Gaurav Yadav and there is no evidence on record for offence under Section 365 and 120-B IPC, thus, no interference is called for in the instant misc. petition. The same is, therefore, dismissed.

3.

The factual report be taken on record.