Hayat Khan vs State Of Rajasthan
2021 Latest Caselaw 18315 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6405/2021

1. Hayat Khan S/o Satar Khan, Aged About 51 Years, R/o Malpura, P.s. Rageshwar Gas Terminal (Rawli Nadi), District Barmer.

2. Nihal Khan S/o Shri Hayat Khan, Aged About 28 Years, R/o Malpura, P.s. Rageshwar Gas Terminal (Rawli Nadi), District Barmer.

3. Sujan Khan S/o Satar Khan, Aged About 66 Years, R/o Malpura, P.s. Rageshwar Gas Terminal (Rawli Nadi), District Barmer.

4. Alsher Khan S/o Sujan Khan, Aged About 28 Years, R/o Malpura, P.s. Rageshwar Gas Terminal (Rawli Nadi), District Barmer.

5. Mahboob Khan S/o Shri Sujan Khan, Aged About 24 Years, R/o Malpura, P.s. Rageshwar Gas Terminal (Rawli Nadi), District Barmer.

6. Ikru Khan S/o Sujan Khan, Aged About 22 Years, R/o Malpura, P.s. Rageshwar Gas Terminal (Rawli Nadi), District Barmer.

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Kaluram S/o Shri Rawta Ram, R/o Malpura, P.s.

Rageshwar Gas Terminal (Rawli Nadi), District Barmer (Raj.)

----Respondents

For Petitioner(s) : Mr Aziz Khan For Respondent(s) : Mr. S.K. Bhati, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order

02/12/2021

Heard learned counsel for the petitioners.

Learned counsel for the petitioners submits that Police has

manipulated the entire scene of occurrence and falsely enroped

the petitioners in the present case. He submits that petitioners

have also lodged an FIR against the complainants. He further

submits that the allegations against the petitioners are false and

baseless.

(2 of 2) [CRLMP-6405/2021]

Per contra, learned Public Prosecutor submits that as per the

factual report received, Genaram from the complainant side

received head injury which is dangerous to life and other persons

from the complainant side have also sustained injuries.

The factual report produced by learned Public Prosecutor is

taken on record.

Taking into consideration the factual report and the injuries

sustained by the complainant side, this Court is prima facie of the

view that it is not a fit case for quashing the FIR in light of the

observations made in the judgment of the Hon'ble Supreme Court

in the case of in the case of State of Haryana & Ors. vs. Ch.

Bhajan Lal & Ors., AIR 1992 SC 604.

Thus, the petition is bereft of merit and same is dismissed.

(VINIT KUMAR MATHUR),J

222-/Vivek/-

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