HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 4097/2022 Dhanaram S/o Shri Kanaram, Aged About 61 Years, B/c Vishnoi, R/o Vishnu Nagar, Dugar, Tehsil Balesar, Dist. Jodhpur.
----Petitioner Versus
1. State Of Rajasthan, Through Pp
2. The Superintendent Of Police, Jodhpur Village.
3. Station House Officer, Police Station Shergarh, Dist.
Jodhpur.
----Respondents
For Petitioner(s) : Mr. Mahaveer Bishnoi
Mr. Jayram Saran
For Respondent(s) : Mr. SK Bhati, PP
JUSTICE DINESH MEHTA
Order
28/07/2022
1. By way of the present petition, the petitioner has challenged the FIR No.0140 dated 12.06.2022, registered at Police Station Shergarh, District Jodhpur (Rural), alleging offences under Sections 420, 406, 409 and 120-B of the Indian Penal Code said to have been committed by the petitioner.
2. Mr. Bishnoi, learned counsel for the petitioner argued that on the same allegation, the complainant, i.e. the then Tehsildar Sekhala, Jodhpur (Rural) had lodged an FIR (144) dated 27.05.2022 at Police Station Dechu, in which it was clearly stated that the present petitioner who was the then Patwari of Patwari Circle Bhalu Anopgarh was not having computer related knowledge and thus, was not guilty and the forgery has been (Downloaded on 28/07/2022 at 09:18:04 PM) (2 of 2) [CRLMP-4097/2022] committed by the computer operator Kanwarraj Singh. But in the subsequent FIR, which is impugned herein, she has made accusation against the present petitioner.
3. It is argued by learned counsel for the petitioner that the subsequent FIR being FIR No.140/2022, registered at Police Station Shergarh, cannot continue.
4. In support of his argument aforesaid, learned counsel for the petitioner relied upon the judgment dated 19.05.2020 of hon'ble the Supreme Court rendered in the case of Arnab Ranjan Goswami Vs. Union of Indian & Ors in Writ Petition (Criminal) No.130/2020 and AR Antulay Vs. RS Nayak reported in AIR 1988 (SC) 1531.
5. The learned Public Prosecutor is not in a position to dispute the aforesaid position of facts and law.
6. Having regard to the facts and circumstances of the case, the impugned FIR No.140, registered at Police Station Shergarh, District Jodhpur (Rural) which is subsequent in time is hereby quashed.
7. The present petition stands allowed.
8. The stay petition also stands disposed of accordingly.
9. Needless to observe that the Investigating Officer concerned shall be free to continue investigation regarding petitioner's role in the other FIR (FIR No.144/2022 at Police Station Dechu).
(DINESH MEHTA),J 252-pooja/-
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