SIYARAM AGRAWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal misc. petition has been preferred by the accused petitioners seeking quashing of FIR No. 89/2010 registered at P.S. Moti Dungri, Distt. Jaipur city(east) for the offences under Ss. 341 and 323 of IPC.

(2.) Briefly stated the fact of the case are that the aforementioned FIR, came to be lodged, alleging inter alia that on 4/4/2010 at around 07:00-07:30 when the complaint and his family members were performing daily pursuits at their home, suddenly, the petitioner along with almost 13 persons barged forcibly in the house of the petitioners and abruptly made assault over them. For the aforementioned incident two FIRs have been lodged; one at the instance of the petitioner No. 1, Siyaram Agarwal, which was registered as FIR No. 90/2010 for offences under Sec. 143, 323, 379, and 452 of IPC and the other bearing FIR No. 89/2010 for offences under Sec. 341 and 323 of IPC at the instance of complainant-respondent No. 2 Om Prakash. The petitioners have sought quashing of the FIR No. 89/2010.

(3.) Heard learned counsel for the petitioner and learned public prosecutor as well as counsel for the complainant, gone through the entire material, as made available on record, including the charge-sheet pertaining to FIR No. 90/2010.