VEENA SAKHRANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal misc. petition under section 482 Cr.P.C. has been filed by the petitioners with a prayer for quashing the FIR No. 114/2014 dated 30.05.2014 lodged at Police Station, Chopasni Housing Board, Jodhpur for the offences punishable under section 380, 323 IPC.

(2.) BRIEF facts of the case are that complainant -respondent No. 2 Namrata Sukhrani lodged the aforesaid FIR No. 114/2014 at Police Station, Chopasni Housing Board, Jodhpur, inter alia, alleging therein that on 30.05.2014, she, along with her son Ishan, went to market to buy some households and when returned to home at about 5:00 -5:30 P.M., she saw the lock of the room removed, door was open and all her belongings were missing. When she asked about this, the petitioners along with cousin sister -in -law of the complainant started beating with her, used swear -words and threatened her to kill. At that time, one Poonam Lalwani was present and when she tried to rescue the complainant, she was asked not to interfere in the matter. It is also alleged that the complainant has received injuries. The police has started investigation into the allegations levelled in the impugned FIR, however, on 16.09.2014, the petitioner have filed this criminal misc. petition challenging the impugned FIR.

(3.) PER contra, learned Public Prosecutor has submitted that from bare reading of the contents of the FIR, prima facie commission of cognizable offence is made out against the petitioners and it can only be ascertained, after thorough investigation, whether the allegations levelled in the impugned FIR are true or false. Learned Public Prosecutor has, therefore, prayed for dismissal of this criminal misc. petition.