KAMLESH TATER Vs. STATE

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed by the petitioner for quashing of FIR No.19/2021 registered at Kudi Bhagtasani, District Jodhpur City West for the offences under Sections 376, 406 and 120-B of IPC.

(2.) Counsel for the petitioner has submitted that a complaint was lodged by the complainant on 31.12.2020, in which no allegation for committing rape against the petitioners. He further submits that after a considerable delay a false FIR was lodged on 11.01.2021, in which the specific allegations was levelled against the petitioners. Thus the impugned FIR is per-se illegal and deserves to be quashed.

(3.) Learned Public Prosecutor as well as counsel for the complainant opposed the prayer made by the counsel for the petitioners and submitted a report dated 05.04.2021 received from the concerned Police Station wherein it has been mentioned that after thorough investigation the Police has reached to the conclusion that prima facie offencse has been proved against the petitioners. Therefore, at this preliminary stage the FIR is not liable to be quashed.