SITARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition has been filed u/s 482 Cr.P.C . for quashing of FIR No.0094/2020 registered at police station Mahuwa District Dausa under Section 143 , 341 , 323 , 427 IPC and Section 3(1)(S) (R) Sc/ ST Act 1989.

(2.) Counsel for the petitioner submits that the FIR deserves to be quashed as there is a FIR registered by the petitioner bearing no.95/2020 which is cross FIR in the case and therefore, the FIR registered by the complainant against the petitioner ought to be quashed.

(3.) I am afraid that such a ground is not available for quashing the FIR and it can be ground for having defence which can be raised only at the time of trial for the purpose of examining the FIR. The Supreme Court in the case of State of Haryana & Others Versus Ch. Bhajan Lal & Others, AIR 1992 SC 604 in Para 108 (7) has laid down as under:-