Rajasthan High Court - Jodhpur
Radheshyam & Ors. vs . State Of Rajasthan & Anr. on 26 May, 2015
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
1
S.B. CRIMINAL MISC.PETITION NO.1394/2015
Radheshyam & Ors. Vs. State of Rajasthan & Anr.
Date of order : 26.05.2015
HON'BLE MR. JUSTICE VIJAY BISHNOI
Mr. Vinod choudhary for the petitioner. Mr. O.P. Rathi, Public Prosecutor.
This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners with a prayer for quashing FIR No.55/2015 of Police Station Semari, District Udaipur for the offences punishable under Sections 498-A, 406 and 323 I.P.C.
Learned counsel for the petitioners has submitted that the complainant has earlier filed a criminal complaint against the petitioners on 14.8.2013 at Police Station Semari, District Udaipur while levelling similar allegations as levelled in the impugned FIR No.55/2015. It is contended that in relation to earlier complaint, the petitioners were put to trial, however, the Judicial Magistrate Sarada, District Udaipur in Case No.401/2013 acquitted the petitioners for the offence punishable under Section 498-A I.P.C. vide judgment dated 5.12.2013. It is submitted by learned counsel for the petitioners that now again the complainant has filed this second FIR levelling the same allegations which 2 is certainly not maintainable.
Issue notice. Issue notice of stay petition also.
Learned Public Prosecutor accepts notice on behalf of respondent No.1-State.
Let notice be issued to respondent No.2 only. Notice is made returnable on 09th July, 2015.
Meanwhile, the petitioners may join investigation, however, no coercive action shall be taken against the petitioners in connection with FIR No.55/2015 of Police Station Semari, District udaipur.
[VIJAY BISHNOI],J.
Babulal/ 79