SUMAN KEDIYA W/O RAKESH KUMAR KEDIYA v. STATE OF RAJASTHAN
CRLMP/4182/2024 · 2025-02-04
Vinod Kumar Bharwani
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 23469 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23469 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:4888] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4182/2024 Suman Kediya W/o Rakesh Kumar Kediya, R/o Village Dulaniya, Tehsil Pilani, District Jhunjhunu (Raj). ----Accused-Petitioner Versus
1. State of Rajasthan, through Public Prosecutor
2. Danesh S/o Sh. Suresh Kediya, R/o Village Dulaniya, Tehsil Pilani, District Jhunjhunu (Raj.). ----Respondents For Petitioner(s) : Mr. Avinash Choudhary, Advocate through Video-conferencing For Respondent(s) : Mr. Jitendra Singh Rathore, Addl.G.A. Mr. Upendra Singh Rathore, Advocate HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order 04/02/2025 : Instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been preferred on behalf of accused-petitioner with the prayer for quashing of F.I.R. bearing No.192/2024 registered at Police Station Pilani, District Jhunjhunu for offences punishable under Sections 323, 341, 143 & 306 of I.P.C.
Submissions of learned counsel appearing for the accused- petitioner are that the alleged incident took place on 06.06.2024 & F.I.R. impugned was lodged on the next day. The parties are known to each & the matter pertains to civil nature, hence, the present petition may be allowed and the impugned F.I.R. be quashed. During the course of arguments, while opposing, learned Public Prosecutor appearing for the State, has submitted the factual report dt. 30.01.2025, which is taken on record. Heard learned counsel appearing for the parties. Perused the material made available on record.
[2025:RJ-JP:4888] (2 of 2) [CRLMP-8563/2024] As per factual report, during investigation, offences punishable under Sections 341, 323 & 34 of I.P.C. have been found against the petitioner & charge-sheet has been filed before the ld. Trial Court. Specific allegations in the F.I.R. impugned, have been levelled against the petitioner. The allegations in the F.I.R., prima-facie, satisfy the essential ingredients of the offences alleged and the Police has statutory right to investigate the matter. The petitioner has criminal antecedents of one another case. Looking to the facts & circumstances of case & considering the submissions made at bar, no case for quashing of impugned F.I.R. No.192/2024 registered at Police Station Pilani, District Jhunjhunu for offences punishable under Sections 323, 341, 143 & 306 of I.P.C. qua the petitioner, is made out. Consequently, the present petition filed on behalf of petitioner is dismissed.
(VINOD KUMAR BHARWANI),J Ashok-SAURABH /119