GORDHAN LAL SONI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The case in hand illustrates the fallacious practice often followed by the Judicial Magistrates in directing police officials to register FIRs, invoking their power under Sec. 175 of the BNSS [corresponding with sec. 156 of the Cr.P.C.], in a mechanical manner and without due application of judicial mind, even if the ingredients of the alleged offences are not made out. Such perfunctory approach, in turn, puts the civil liberties of the accused persons at risk, forcing them to seek bail as suspects-either anticipatory, alternatively, regular-if they have been arrested following the registration of the FIR and, if charge sheet already filed, then as an undertrial, face the harassment, humility and agony of trial in Courts.

(2.) Petitioners No. 1, 2 and 3 are son-in-law, daughter and granddaughter (being the daughter of petitioners No. 1 and 2), respectively of the complainant/respondent No.2. They seek quashing of FIR No. 266 dtd. 27/9/2024, PS Kotegate, Bikaner registered against them for alleged offences under Ss. 420/406/120B IPC and consequential proceedings. FACTS

(3.) Factual narrative as per translated version of the impugned FIR is as below :-