Rajasthan High Court - Jaipur
Shyam Singh vs State Of Rajasthan And Anr on 18 November, 2013
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER Shyam Singh Vs. State of Raj. & Anr. S. B. Cr. MISC. PETITION NO. 2820/2013. under Section 482 Cr.P.C. for quashing of FIR No. 241/2013 registered at Police Station Hindaun Sadar, Distt. Karauli for offences under Section 143 and 295 IPC. Date of Order : 18th November, 2013. HON'BLE MRS. JUSTICE NISHA GUPTA Mr B.S. Beniwal, for petitioner. Mr SK Mahla, Public Prosecutor. BY THE COURT
This Misc. petition under Section 482 Cr.P.C. has been filed for quashing FIR No. 241/2013 registered at Police Station Hindaun Sadar, Distt. Karauli for offences under Section 143 and 295 IPC.
2. The short facts of the case are that complainant lodged an FIR No. 241/2013 at Police Station Hindaun Sadar, Distt. Karauli stating therein that there is a very old temple of goddess (Kuldevi) Chamunda Devi situated in the village Bajna Khurd and Bajna Kalan, residents of both the villages used to worship the Goddess and maintenance of the temple is being carried out by both the villages. The complainant has lodged a false FIR that present petitioner and others have insulted the religious feelings of villagers of Bajna Kalan by damaging the idol of the goddess.
3. The contention of the present petitioner is that true facts are that temple is situated in village Bajna Khurd at Khasra No.1292 and no offence has been committed by him, proceedings under Section 145 Cr.P.C., are also pending. A cross-FIR has also been lodged by the present petitioner, hence a false and concocted FIR has been lodged.
Per contra, the contention of the learned Public prosecutor is that the allegations for constituting cognizable offence are set up in the FIR, lodging a cross-FIR is no bar for investigation, the present petitioner has been named in the FIR.
4. Heard the learned counsel for the petitioner and learned Public Prosecutor and perused the impugned FIR.
5. Specific allegations as regards to damage of the idol and to insult the religious feelings of villagers has been set up in the FIR. Where the temple is situated is not a relevant consideration for the offence under Section 295 IPC. The pendency of proceedings under Section 145 Cr.P.C. is also not a bar for investigation or registration of the First Information Report. To ascertain whether allegations are true or false is the domain of the Investigating Officer and court will not go into the question of the same, hence, there is no reason for quashing the impugned FIR.
In this view of the matter, this petition deserves to be dismissed and accordingly dismissed.
(NISHA GUPTA),J.
Gandhi/ 44 All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Brij Mohan (Sr. P.A