MANNU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this miscellaneous petition, the petitioner has prayed for quashing the First Information Report No. 417 of 1991 dated November 14, 1991, registered at Police Station, Kushalgarh (district Banswara), which was lodged by the Assistant Child Development Project Officer, Kushalgarh.

(2.) IT is contended by the learned counsel for the petitioner that the facts averred in the F. I. R. disclose the commission of only a non-cognizable offence and do not disclose the commission of cognizable offence and, therefore, the First Information Report, lodged at the Police Station, Kushalgarh, deserves to be quashed. In support of its case, the learned counsel for the petitioner has placed reliance on State of West Bengal and others vs. Swapan Kumar Guha and others (1 ). The learned Public Prosecutor, on the other, has submitted that the First Information Report, also, discloses the commission cognizable offence and, therefore, the First Information Report cannot be quashed and the investigation cannot be stopped.