HARSH SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Misc. Petition under Section 482 Cr.P.C. ha been filed by the petitioner with a prayer for quashing the F.I.R. No. 46/201 dated 17.1.2014 of Police Station, Kotwali, District Bhilwara, for the offence punishable under Sections 384, 354, 376/511,120-B I.P.C.

(2.) Learned Public Prosecutor has filed the factual report prepared by th Investigating Officer-S.H.O., Police Station, Kotwali, District Bhilwara, wherein is mentioned that after investigation police has found that prima-facie evident is available on record against the petitioner for commission of offence punishable under Sections 376/511, 354-B I.P.C.

(3.) Learned Counsel for the petitioner has argued that the F.I.R. lodge against the petitioner is absolutely false because earlier the respondent No. has filed a complaint against the petitioner on 7.1.2014 under Sections 107 116(3) Cr.P.C. before the Additional District Magistrate, Udaipur and in that complaint there is no mention to the fact that the petitioner has tried to commit rape upon her on 19.11.2013. It is contended by learned Counsel for t; petitioner that the F.I.R. lodged by the respondent No. 2 on 17.1.2014 is nothing but after thought with the intention to harass the petitioner and, therefore, same is liable to be quashed and set aside.