Lalit vs State Of Rajasthan
2021 Latest Caselaw 17712 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Criminal Misc(Pet.) No. 6156/2021

Lalit

----Petitioner Versus State Of Rajasthan

----Respondent

For Petitioner(s) : Mr. Deepak Menaria For Respondent(s) : Mr. A.R. Choudhary, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

25/11/2021

Learned counsel for the petitioners submits that the

impugned FIR No.197/2021 registered at Police Station Kheroda,

District Udaipur is nothing but second attempt of the complainant

to spite the petitioner. He submits that earlier; for the same

accusation brother of the complainant lodged an FIR No.38/2021

at the same police station wherein after conducting thorough

investigation, the Investigating Agency has decided to conclude

that no offence as alleged was made out against the petitioners

and thus, negative final report was submitted and even the same

was accepted by the concerned Judicial Magistrate, now the

present impugned FIR came to be lodged against the petitioners

by the brother of earlier first informant.

Learned counsel relies upon the judgment of the Hon'ble

Supreme Court rendered in the case of T.T. Antony Vs. State of

Kerala reported in 2001 (6) SCC 181 and thereafter followed in

the case of Amit Anil Chandra Shah Vs. CBI reported in 2013 (6)

(2 of 2) [CRLMP-6156/2021]

SCC 348 and prayed that the subsequent FIR on the same

contents is nothing but an abuse of process of law.

Learned Public Prosecutor seeks time to complete his

instructions. He may do so. However, he is directed to call for the

case diary of this case as well as counter file of the FIR

No.38/2021, documents if any and report of the Investigating

Officer.

Issue notice to the respondents.

Learned Public Prosecutor accepts notice on behalf of the

respondent No.1-State.

Let notices be issued to respondent No.2, returnable within

eight weeks.

In the meanwhile, petitioners shall not be arrested.

Put up after eight weeks.

(FARJAND ALI),J

48-Arun/-

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