Ashok Sharma Son Of Late Shri ... vs State Of Rajasthan
2022 Latest Caselaw 5654 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 3649/2020

1.     Ashok Sharma Son Of Late Shri Jagdish Sharma, Aged
       About 42 Years, Resident Of 1 Gandhi Nagar Colony,
       Bijainagar District Ajmer, Rajasthan.
2.     Smt. Mamta Sharma W/o Shri Ashok Sharma, Aged About
       40 Years, Resident Of 1 Gandhi Nagar Colony, Bijainagar
       District Ajmer, Rajasthan.
                                                                  ----Petitioners
                                   Versus
1.     State Of Rajasthan, Through The Public Prosecutor.
2.     Deepesh Soni Son Of Shri Jagdish Chand Soni, Aged
       About 47 Years, Resident Of Gandhi Nagar Colony,
       Bijainagar District Ajmer, Rajasthan.
                                                                ----Respondents

For Petitioner(s) : Mr. Mohd. Ashfaq Khan, Adv. For Respondent(s) : Mr. Mangal Singh Saini, PP Mr. Sharvan Saini, Adv.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

18/08/2022

This criminal miscellaneous petition has been filed by the

petitioner under Section 482 Cr.P.C. for quashing FIR No.242/2020

dated 15.08.2020 registered at Police Station Vijay Nagar, District

Ajmer for the offence under Sections 452, 323, 354 (B), 34 of IPC.

Learned counsel for the petitioners submits that petitioners

have been falsely implicated in this case, due to enmity. Learned

counsel for the petitioners also submits that petitioner No.1 Ashok

Sharma has lodged the FIR No.142/2015 in Police Station Vijay

Nagar, District Ajmer against the complainant. After investigation,

(2 of 3) [CRLMP-3649/2020]

Investigating Officer had filed a final negative report but on the

protest petition of the petitioner No.1. Trial court had taken

cognizance against the complainant under Sections 143, 323, 427

and 452 of IPC and trial is going on. Learned counsel for the

petitioners also submits that petitioners were Advocates in

Criminal complaint No.44/2020 in which complainant is Suman

Devi and present respondent Deepesh Soni as accused No.2. So,

complainant had filed the present FIR as a counter blast. This is

amount of abuse of process of law. So, FIR be quashed.

Learned counsel for the petitioners has reliance upon the

following Judgments : (1) Ahmad Ali Quaraishi & Anr. Vs.

State of U.P. & Anr. reported in AIR 2020 SC 788; (2)

Vineet Kumar & Ors. Vs. State of U.P,. & Anr. reported in

(2017) SCC 369 and (3) Anand Kumar Mohatta Vs. State

(Govt. of NCT of Delhi) Department of Home reported in

AIR 2019 SC 210.

Learned counsel for the respondent as well as learned Public

Prosecutor have opposed the arguments advanced by learned

counsel for the petitioners and submitted that after investigation,

Investigating Officer had found proved the offence against the

petitioner No.1 Ashok Sharma under Sections 452, 323, 354(B),

34 IPC and against the petitioner No.2 Smt. Mamta Sharma under

Sections 452, 323, 34 IPC. So, the petition be dismissed.

I have considered the arguments advanced by learned

counsel for the petitioners as well as learned counsel for the

respondent and learned Public Prosecutor.

After investigation, Investigating Officer had found proved

the offence against the petitioner No.1 Ashok Sharma under

Sections 452, 323, 354(B), 34 IPC and against the petitioner No.2

(3 of 3) [CRLMP-3649/2020]

Smt. Mamta Sharma under Sections 452, 323, 34 IPC. In my

considered opinion, no ground is made out for quashment of the

FIR. However, petitioners are free to raise all the objections before

the trial court at the time of arguments on charge.

The Criminal Miscellaneous Petition stands dismissed.

All the pending applications also stand disposed of.

(NARENDRA SINGH DHADDHA),J

Jatin/29

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