KANHAIYA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant misc. petition has been filed by the petitioner for quashing of FIR No.17/2021 registered at Police Station Rayla, District Bhilwara for offence under Section 376 IPC and under Section 3/4 of POCSO Act.

(2.) Learned counsel for the petitioner submits that earlier the FIR has been lodged by the complainant, in which no allegation was levelled against the petitioner for committing rape and after seven days again an FIR has been lodged, in which specific allegation for committing rape has been levelled against the petitioner. In such circumstances, no offence whatsoever is made out against the petitioner. Therefore, it is prayed that the FIR No.17/2021 may be quashed.

(3.) Learned Public Prosecutor oppose the prayer made by the counsel for the petitioner.