KIRAN KUMAR MALVIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have preferred this petition under Sec. 482 of Cr. P.C. for quashing the FIR No. 163/2022 registered at Police Station Sumerpur, District Pali for the offence under Ss. 420, 467, 468, 471, 447, 427, 379 and 120-B of IPC as well as entire proceedings/investigation as carried out thereunder against the petitioners.

(2.) Learned counsel for the petitioners submits that earlier the petitioners has filed petition being S.B. Criminal Misc. Petition No. 3171/2022 before this Court, which was decided vide order dtd. 17/2/2023 with the direction to file the representation before the concerned Superintendent of Police as well as Investigating Officer. Counsel submits that in pursuance to the order dtd. 17/2/2023, the petitioners already submit the representation with the documents, but no heed was paid by the Police till date. In these circumstances it is prayed that, since the FIR lodged against the petitioners is frivolous, it may be quashed.

(3.) Learned Public Prosecutor and counsel for the respondent No. 2 vehementally opposed the prayer made by the counsel for the petitioners and submit that it is well settled legal position that inherent powers under Sec. 482 Cr. P.C. can be exercised only in exceptional cases when the Court finds that from the allegation made in the FIR/complaint even prima facie no offence is made out against the accused but in the present case from the evidence collected during investigation, it cannot be said that no case is made out against the petitioner for offence under Ss. 420, 467, 468, 471, 447, 427, 379 and 120-B of IPC. Since the investigation is going on, therefore, the misc. petition may kindly be rejected.