Rajasthan High Court - Jaipur
Shrawan Singh S/O Shri Bhawani Singh 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. 341/2020
Shrawan Singh S/o Shri Bhawani Singh, By Caste Rajput,
Resident Of Plot No. 6, Jagdishpuri Colony, Gokulpura, Kalwar
Road, Jaipur District Jaipur (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Lalit Singh Rajput S/o Mahendra Singh, Resident Of A-
178, Ganpati Vihar, Alwar, Shivaji Park, Alwar (Raj.)
----Respondents
For Petitioner(s) : Mr. Raj Kumar Kasana For State : Mr. Arvind Bhadu, PP HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 11/02/2020
1. Petitioner has preferred this Criminal Miscellaneous Petition seeking quashing of F.I.R.
2. I have perused the F.I.R.
3. F.I.R. prima facie discloses commission of cognizable offence.
4. 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.
5. Apex Court also observed that once the Court finds that the FIR does disclose prima facie commission of any cognizable (Downloaded on 18/02/2020 at 09:25:07 PM) (2 of 2) [CRLMP-341/2020] 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.
6. 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.
7. Stay application stands disposed.
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