JITENDRA BHARTI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition has been filed u/s 482 Cr.P.C . 1973 for quashing of the FIR NO.172/2020 registered at Police Station Khairthal, Bhiwadi for the offence u/s 19/54 of the Rajasthan Excise Act and Section 120B IPC.

(2.) Counsel for the petitioner submits that the name of the petitioner has wrongly been mentioned and he has no connection with the said allegation in the FIR and therefore the FIR should be quashed.

(3.) In the opinion of this court, the criteria of quashing the FIR has been laid down in judgment passed by the Supreme Court in the case of State of Haryana & Others Versus Ch. Bhajan Lal & Others, AIR 1992 SC 604 and another recent judgment Tilly Gifford Vs. Michael Floyd Eshwar & Another reported in 2018(11) SCC 205. The Supreme Court has again examined the scope under Section 482 Cr.P.C of the High Court and has held as under: