Sandeep Chouhan vs State Of Rajasthan
2021 Latest Caselaw 15465 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 4700/2021

Sandeep Chouhan S/o Narayan Singh, Aged About 28 Years, R/o Chainpura Mandore, Banawata Bera, Jodhpur (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Smt. Shobha Devi W/o Lt. Sh. Sriram Paliwal, R/o Hemnagar, Basni Chouhan, Jhalamand, Jodhpur (Raj.).

                                                                ----Respondents


For Petitioner(s)        :     Mr. Akash Goyal
For State                :     Mr. Gaurav Singh, PP assisted by
                               Avinash Godara



            HON'BLE MR. JUSTICE PANKAJ BHANDARI

                         Judgment / Order

05/10/2021

1. Petitioner has preferred this Misc. Petition seeking quashing

of FIR No.288/2021 dated 29.08.2021 registered at Police Station

Kudi Bhagtasni, District Jodhpur.

2. It is contended by counsel for the petitioner that petitioner

was having cordial relations with the daughter of the complainant

and he filed Misc. Petition No.4196/2021 in which order was

passed by the High Court on 13.08.2021 for providing necessary

security and protection to the petitioner. It is also contended that

present FIR has been lodged on 29.08.2021 is a counterblast to

the proceedings initiated by the petitioner before the High Court.

3. Learned Public Prosecutor has opposed the Misc. Petition. It

is contended that FIR discloses commission of a cognizable

offence. Statements of the victims have been recorded under

(2 of 2) [CRLMP-4700/2021]

Section 164 Cr.P.C., wherein also they have levelled allegation

against the present petitioner. It is contended that where FIR

discloses commission of a cognizable offence, High Court should

not exercise the power under Section 482 Cr.P.C. to stifle

legitimate prosecution.

4. I have considered the contentions and have perused the FIR

as well as statements of the victims recorded under Section 164

Cr.P.C.

5. FIR discloses commission of cognizable offence. Defence of

the petitioner cannot be seen at this stage more particularly, when

the victims in their statements under Section 164 Cr.P.C., have

levelled allegations of rape against the present petitioner. Hence, I

do not find any force in this Misc. Petition.

6. Accordingly, this Criminal Misc. Petition is dismissed.

7. Stay petition stands disposed of.

(PANKAJ BHANDARI),J Nikhil-Nirmala-28

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