Citation : 2021 Latest Caselaw 5846 Raj/2
Judgement Date : 25 October, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2727/2021
Rinku Choudhary Daughter Of Shri Chima Ram, Aged About 26
Years, Resident Of Village / Post Wada Bhadvi, Tehsil Bagoda,
District Jalore (Raj).
----Petitioner
Versus
1. State Of Rajasthan, Through Learned Public Prosecutor.
2. Sho, Police Station Karni Vihar, Jaipur (West), District
Jaipur.
----Respondents
For Petitioner(s) : Mr. Sudhir Jain
For Respondent(s) : Mr. F.R. Meena, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
25/10/2021
1. Petitioner has preferred this Misc. Petition under Section 482
Cr.P.C. for a fair, just and proper investigation and for quashing of
the FIR No. 338/2019 registered at P.S. Karni Vihar, District Jaipur.
2. It is contended by counsel for the petitioner that in constable
entrance exam, 2015, SOG registered a case bearing no. 22/2018
for use of unfair means in the examination. It is also contended
that for the same offence a second FIR cannot be lodged. Counsel
for the petitioner has placed reliance on T.T. Antony V. State of
Kerala, 2001 (3) R.C.R. (Criminal) 436.
3. Learned Public Prosecutor has opposed the Misc. Petition. It
is contended that the SOG did not investigate into the offence and
merely directed to different police stations to register FIR, where
the offenc had taken place. It is also contended that the FIR
(2 of 2) [CRLMP-2727/2021]
discloses the commission of cognizable offence and police after
due investigation has come to the conclusion that petitioner is
involved in the commission of the offence.
4. I have considered the contentions.
5. Judgement cited by the counsel for the petitioner has no
applicability to the compliance of the present case, as in the FIR
registered by the SOG, no action was taken and no negative final
report was submitted. The FIR discloses commission of
congnizable offence, hence, no ground is made out for
entertaining the Criminal Misc. Petition.
6. Accordingly, the Criminal Misc. Petition is dismissed.
(PANKAJ BHANDARI),J
NIKHIL KR. YADAV /20
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