Surbhi vs State Of Rajasthan
2022 Latest Caselaw 585 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 50/2022

1. Surbhi D/o Laxmi Lal Lakhara, Aged About 30 Years, R/o Gandhi Nagar, Hudko Colony, Chittorgarh, District Chittorgarh (Raj.)

2. Meenaxi Lakhara W/o Laxmi Lal Lakhara, Aged About 45 Years, R/o Gandhi Nagar, Hudko Colony, Chittorgarh, District Chittorgarh (Raj.)

3. Ayush Lakhara S/o Laxmi Lal Lakhara, Aged About 19 Years, R/o Gandhi Nagar, Hudko Colony, Chittorgarh, District Chittorgarh (Raj.)

4. Barjesh Lakhara S/o Kanahaiya Lal Lakhara, Aged About 40 Years, R/o Nimbhera, District Chittorgarh (Raj.)

5. Vinod Lakhara S/o Kanhaiya Lal Lakhara, Aged About 25 Years, R/o Nimbhera, District Chittorgarh (Raj.)

6. Mahendra Singh Charan S/o Vikram Singh, Aged About 25 Years, R/o Nimbhera, District Chittorgarh (Raj.)

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Ladu Lal Lakhara S/o Shri Udai Lal Lakhara, R/o Kumharo Ka Mohalla, Manikyanagr, Bhilwara, District Bhilwara (Raj.)

----Respondents

For Petitioner(s) : Mr. Kuldeep Sharma (through VC) For Respondent(s) : Mr. Mukhtiyar Khan, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

11/01/2022

This criminal misc. petition under Section 482 Cr.P.C. has

been preferred on behalf of the petitioner seeking quashing of the

FIR No.0215/2021 of Police Station Bhimganj, Distt. Bhilwara.

Learned Public Prosecutor has submitted a factual report,

(2 of 2) [CRLMP-50/2022]

wherein it is mentioned that the police after thorough

investigation into the impugned FIR has already filed charge-sheet

against the petitioner No.3 namely Ayush Lakhara for the offences

punishable under Sections 323 and 452 IPC, however, the police

has not found the other petitioners guilty.

In view of the above, when the investigation into the

impugned FIR has already been concluded and charge-sheet

against the petitioner No.3 namely Ayush Lakhara has already

been filed before the court concerned, I do not find any case for

interference in this criminal misc. petition.

However, the petitioner No.3 namely Ayush Lakhara is free to

raise all his defence before the trial court at the appropriate stage.

With these observations, this criminal misc. petition is

dismissed.

The factual report submitted by the learned Public Prosecutor

is taken on record.

(VIJAY BISHNOI),J

38-Arun/-

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