JAGDISH PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this petition under Sec. 482 of Cr.P.C. for quashing the FIR No.208/2022 registered at Police Station Jaisalmer, District Jaisalmer for the offence under Sec. 306 of IPC and also seeking fair and impartial investigation. Learned counsel for the petitioner submits that the petitioner has nothing to do with this crime and the recovered suicide note which was sent for FSL, the report of same has not been received till now. In these circumstances, since the FIR lodged against the petitioner is frivolous, it may be quashed.

(2.) Learned Public Prosecutor has opposed the petition and submits that the co-accused has already been arrested and challan of the case has been presented and investigation in respect of the present petitioner is going on. Public Prosecutor further submits that it is well settled 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 the offence under Sec. 306 IPC. Since the investigation is going on, therefore, the petition may kindly be rejected.

(3.) I have considered the arguments and perused the FIR. According to the perusal of the FIR and suicide note, it is revealed that a specific allegation has been levelled against the petitioner. Therefore, at the stage of investigation, no case for quashing of FIR is made out in this case.