RAJKUMAR SAWLANI Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) THE Petitioner has prayed for quashing of the FIR, FIR No. 385/2010, dated 07.10.2010, registered at Police Station Dudu, District Jaipur for offence under Section 420 IPC.

(2.) THE brief facts of the case are that on 07.10.2010, the complainant lodged a report at Police Station Dudu, wherein he had claimed that there is a Jasoda Devi Polytechnic College situated at Mojmabad Road, Dudu, in which around 250 students are studying who have been instigated by the Petitioner to study by deceiving them. He had further claimed that the Petitioner failed to fulfill his promise and there is lack of basic infrastructure in the college. On the basis of the said report, a FIR, FIR No. 385/2010, for offences under Section 420 IPC, was registered against the Petitioner.

(3.) THE learned Counsel for the Petitioner has vehemently contended that once negative final report was submitted by the Police, the Police could not have reopened the case. Moreover, the Police has overstepped its jurisdiction by arresting the co -accused. Therefore, the Petitioner has a bonafide apprehension that he is also likely to be arrested in the FIR lodged by the student.