Madhya Pradesh High Court
Rajkumar Tinkar vs The State Of Madhya Pradesh on 25 January, 2024
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1 IN THE HIGH COURT OF MADHYA PRADESH AT INDORE MCRC No. 2159 of 2012 (RAJKUMAR TINKAR Vs THE STATE OF MADHYA PRADESH) Dated : 25-01-2024 Shri S.C.Bagadia, Senior Counsel with Shri Rohit Saboo, counsel for applicant.
Shri S.S.Thakur, G.A. for State.
This is a petition under section 482 Cr.P.C. for quashment of FIR being N0. 107/2010 dated 20.4.2010 lodged at P.S. Jaora, district Ratlam and final report filed before the JMFC, Ratlam and for quashing the order dated 20.4.2010 taking cognizance for the offence under section 272, 273, 506/34 of IPC..
Counsel for the applicant submits that initially offence was registered under sections 272, 273 IPC which are non-cognizable offence and as per provisions of section 155(2) Cr.P.C. the police could not have investigated the matter without permission of the Magistrate. Counsel has placed reliance on the judgment of High Court of Delhi in Crl.M.C.No.833/2001 and connected matters (S.Nagrajan Vs. State) Counsel for the State prays for time to seek instructions in this regard whether after the registration of FIR any permission was taken from the Magistrate for investigation of the case.
List in the month of March, 2024.
I.R. to continue.
(VIJAY KUMAR SHUKLA) Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 25-01-2024 17:10:10 2 JUDGE MK Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 25-01-2024 17:10:10