RAVINDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

(2.) Learned counsel for the petitioner has shown the impugned orders, which are based upon the judgment of Hon'ble Apex Court in the matter of Hasanbhai Valibhai Quresh Vs. State of Gujarat and Ors. reported in (2005) R.Cr.D 484 Supreme Court, in which, the Hon'ble Apex Court has laid down the law that once the cognizance has been taken upon the police report, then the Court would not exercise its powers under Sec. 173(8) of Cr.P.C. The aforementioned judgment is followed in number of other judgments by the various other Courts. On this ground, the learned courts below have refused to interfere in the application of the petitioner.

(3.) Learned counsel for the petitioner further makes a submission that the judgment of Hasanbhai Valibhai Quresh (supra) has been reversed.