NISAR AHMED 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. 172 dated 05.08.2013 of Police Station Marwar Junction, District Pali, for the offences under Sections 323 and 341 IPC filed by the respondent No. 2 against the petitioners.

(2.) BRIEF facts of the case are that the respondent No. 2, in his complaint dated 05.08.2013, has alleged that the petitioner No. 2 -Lal Singh has been treating him from last few days on telephone that why he is not executing registry in favour of the petitioner No. 1, and today at about 11:00 AM the petitioners along with other persons has assaulted him. It is also stated that in the complaint that Lal Singh was having a sword in his hand and all the accused persons have assaulted him by kicks and fists. On the basis of complaint of respondent No. 2, FIR in question is lodged.

(3.) PER contra, learned Public Prosecutor has argued that bare reading of FIR constitutes a prima facie case against the petitioners.