Rajasthan High Court - Jaipur
Dashrath Sharma Adopted S/O Shri ... vs State Of Rajasthan Through Pp on 31 July, 2018
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 4393/2018
Dashrath Sharma Adopted S/o Shri Meghshyam Sharma & Anr.
----Petitioner
Versus
State Of Rajasthan Through PP & Anr.
----Respondent
For Petitioner(s) : Mr. Girish Khandelwal For Respondent(s) : Mr. Prakash Thakuriya, PP HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Order 31/07/2018 Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.186/2018 dated 11.06.2018 registered at Police Station Kathumar, District Alwar(Raj.) for offences under Sections 498-A, 406 and 323 IPC.
Counsel for the petitioners has submitted that offence under Section 323 IPC is non-cognizable.
Counsel for the petitioners has contended that so far allegations qua offences under Sections 406 and 498-A IPC are concerned complainant earlier filed a criminal compliant in which charges were framed against the petitioners for offences under Sections 406 and 498-A IPC.
Counsel for the petitioners contends that after filing of the complaint, petitioners and complainant are staying separately and hence, subsequent allegations of Sections 406 and 498-A IPC will not be made out, in view of the pending complaint.
Having heard the counsel for the petitioners, this court is of the view that right remedy for the petitioner is to file an (2 of 2) [CRLMP-4393/2018] application under Section 210 Cr.P.C. before the court of the concerned Magistrate. The Section 210 Cr.P.C. specifically states that in case, criminal complaint is pending qua the same offence and subsequently an FIR has been lodged proceedings arising out of police case shall be kept in abeyance.
This court has no doubt that in case, petitioner file an application under Section 210 Cr.P.C., the concerned Magistrate after hearing all concerned shall pass a detailed speaking order, in accordance with the provisions of law.
With the observations made above, the present petition is disposed of.
It is further ordered that in case, application under Section 210 Cr.P.C., is filed by the petitioners within one week from today, the same shall be decided by the concerned Magistrate within one month.
(KANWALJIT SINGH AHLUWALIA),J Heena/140 Powered by TCPDF (www.tcpdf.org)