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Rajasthan High Court - Jodhpur

Iqbal vs State Of Rajasthan on 9 May, 2022

Author: Dinesh Mehta

Bench: Dinesh Mehta

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 1948/2022

1. Iqbal S/o Shri Rahim Bux Sorgar, Aged About 62 Years, R/o Haled Road Bhawani Nagar Bhilwara Tehsil And Dist. Bhilwara

2. Salim Mohammed S/o Shri Rahim Bux Sorgar, Aged About 46 Years, R/o Haled Road Bhawani Nagar Bhilwara Tehsil And Dist. Bhilwara

3. Ahmed Noor S/o Shri Rahim Bux Sorgar, Aged About 38 Years, R/o Haled Road Bhawani Nagar Bhilwara Tehsil And Dist. Bhilwara

4. Anwar Mohammed S/o Shri Rahim Bux Sorgar, Aged About 41 Years, R/o Haled Road Bhawani Nagar Bhilwara Tehsil And Dist. Bhilwara

5. Sarfaraj S/o Shri Rahim Bux, Aged About 40 Years, R/o Haled Road Bhawani Nagar Bhilwara Tehsil And Dist. Bhilwara

6. Rahmat Banu W/o Shri Sarfaraj Mohammed Sorgar, Aged About 36 Years, R/o Haled Road Bhawani Nagar Bhilwara Tehsil And Dist. Bhilwara

----Petitioners Versus

1. The State Of Rajasthan

2. Sakina Banu W/o Shri Rahim Bux Sorgar, R/o Near Bhawani Nagar Masjid PS Bhimganj Dist. Bhilwara

----Respondents For Petitioner(s) : Mr. Rakesh Matoria For Respondent(s) : Mr. Gaurav Singh, Public Prosecutor JUSTICE DINESH MEHTA Order 09/05/2022

1. The present petition under 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') has been filed by the petitioners for quashment of the FIR No.12/2022, registered at P.S. Bhimganj, District Bhilwara vide which allegations for the offence under Sections 380 & 384 of Indian Penal Code have been levelled against the petitioners.

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(2 of 2) [CRLMP-1948/2022]

2. Having regard to the allegations made in the FIR, this Court deems it appropriate to direct the petitioners to join the investigation.

3. The petitioners may file a representation before the Investigating Officer, who shall consider the same in accordance with law.

4. In case the Investigating Officer comes to the conclusion that a cognizable offence is made out against the petitioners, he shall issue a notice to the petitioners as required under Section 41-A of the Code of Criminal Procedure.

5. The criminal misc. petition so also stay petition stands disposed of accordingly.

6. Needless to observe that the petitioners' remedy for taking appropriate legal course in their defence(s) shall stand reserved.

(DINESH MEHTA),J 158-Ramesh/-

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