Rakesh vs State Of Rajasthan (2023:Rj-Jd:43100)
2023 Latest Caselaw 10560 Raj

Rajasthan High Court - Jodhpur

Rakesh vs State Of Rajasthan (2023:Rj-Jd:43100) on 11 December, 2023

Author: Farjand Ali

Bench: Farjand Ali

[2023:RJ-JD:43100]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 6770/2023

Rakesh S/o Daulat Ram, Aged About 40 Years, R/o Nathwana
Tehsil Sangaria Dist. Hanumangarh
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through PP
2.       Sandeep S/o Raja Ram, R/o 3 Mjd Nathwana Tehsil
         Sangaria Dist. Hanumangarh
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Kuldeep Sharma
For Respondent(s)         :     Mr. SK Bhati, Dy.G.A.
                                Mr. Laxman Singh, SI, Sangaria,
                                Hanumangarh



                HON'BLE MR. JUSTICE FARJAND ALI

Order

11/12/2023

1. Heard learned counsel for the parties and perused the

material available on record, more particularly, the FIR impugned,

for which, quashing had been sought.

2. A perusal of the FIR revealing commission of cognizable

offence, for which, in my considered view, the investigation would

be required. It is nigh-well settled that while entertaining a plea

under Section 482 of the Cr.P.C. for quashing of the FIR, the High

Court is not supposed to embark upon an inquiry so as to examine

the truthfulness and genuineness of the allegations levelled in the

FIR. It is also well settled that in disguise of a petition under

Section 482 of the CrPC, an order or pre-arrest bail cannot be

passed. Reliance can be placed upon the judgment passed by

Hon'ble the Supreme Court in the case of State of Telangana

[2023:RJ-JD:43100] (2 of 2) [CRLMP-6770/2023]

Vs. Habib Abdullah Jeelani & Ors. reported in AIR 2017 SC

373. In this view of the matter, nothing survives for consideration

in the present matter.

3. Accordingly, the instant criminal misc. petition is dismissed.

4. The petitioner would be at liberty to approach to the Court of

Sessions or this Court under Section 438 of the Cr.P.C.

(FARJAND ALI),J 736-divya/-

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