DILIP NATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant misc. petition has been filed by the petitioner for quashing of FIR No. 202/2022 registered at Police Station Nai, Udaipur for offence under Sec. 365, 392, 394, 120B IPC and Sec. 3/25 of Arms Act.

(2.) Counsel for the petitioner submits that the petitioner has been falsely implicated in this case. It is argued that the complainant himself is a land grabber and the present FIR has been lodged against the petitioner with a malafide intention that too after a delay of nine months of the alleged incident. It is also argued that matter is of civil dispute between the respondent no.2 and one Smt. Hemlata Kankaria and the petitioner has no role to play in commission of any offence. Thus, the complainant only with a view to harass and pressurize the petitioner, filed the present FIR. Therefore, it is prayed that the FIR may be quashed.

(3.) Per contra, learned Public Prosecutor submits 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. In fact the petitioner is a historysheeter and as many as 29 cases are registered against him. In the present case also, there is specific allegation against the petitioner for threatening and subsequent kidnapping and assault upon the respondent no.2.