Rajasthan High Court - Jaipur
Satveer S/O Shri Ratansingh vs State Of Rajasthan on 11 February, 2020
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 348/2020
1. Satveer S/o Shri Ratansingh, By Caste Jat, Resident Of
Ballabhgarh, Bhusawar, Police Station Bhusawar, District
Bharatpur
2. Ajay S/o Shri Charansingh, By Caste Jat, Resident Of
Ballabhgarh, Bhusawar, Police Station Bhusawar, District
Bharatpur
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Rajkumari W/o Jitendra, R/o Ballabhgarh, Bhusawar,
Police Station Bhusawar, District Bharatpur
----Respondents
For Petitioner(s) : Mr. N.K. Tiwari
For State : Mr. Arvind Bhadu, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Order
11/02/2020
1. Petitioners have preferred this Criminal Miscellaneous
Petition seeking quashing of F.I.R. No.630/2019.
2. It is contended by counsel for the petitioners that no overt act is assigned to the petitioners in the F.I.R. and there is cross F.I.R.
3. I have considered the contentions and have perused the F.I.R.
4. From perusal of the F.I.R., it is revealed that petitioners are named in the F.I.R. and the allegations are with regard to hurling caste based abuses. Police has registered the case under SC/ST Act and the offences discloses commission of cognizable offence. (Downloaded on 18/02/2020 at 09:25:09 PM)
(2 of 2) [CRLMP-348/2020]
5. Apex Court in "Dineshbhai Chandubhai Patel vs. State of Gujarat & Ors. 2018(3) SCC Page 106" has held that where F.I.R. discloses prima facie commission of any cognizable offence, High Court cannot act like an investigating agency. At this stage, the High Court could not appreciate the evidence nor could draw its own inferences from the contents of the FIR and the material relied on.
6. Apex Court also observed that once the Court finds that the FIR does disclose prima facie commission of any cognizable offence, it should stay its hand and allow the investigating machinery to step in to initiate the probe to unearth the crime in accordance with the procedure prescribed in the Code.
7. F.I.R. discloses commission of cognizable offence, no ground is made out for invoking the inherent powers, in view of the judgment of Apex Court in "Dineshbhai Chandubhai Patel vs. State of Gujarat & Ors." (supra), the Criminal Miscellaneous Petition is dismissed.
8. Stay application stands disposed.
(PANKAJ BHANDARI),J AMIT KUMAR /69 (Downloaded on 18/02/2020 at 09:25:09 PM) Powered by TCPDF (www.tcpdf.org)