MEGHRAJ VYAS S/O SHRI ASHOK KUMAR VYAS, R/O NEAR BABA RAMDEV PARK, OUTSIDE NATHUSAR GATE, BIKANER (RAJ.) Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-petitioners have preferred this misc. petition under Sec. 482 Crimial P.C., for quashing FIR No.315/2016 dated 26.08.2016 of Police Station Naya Sahar, District Bikaner. In the impugned FIR, besides petitioners, other incumbents are also attributed offences punishable under Sections 307, 452, 354, 382, 323, 341, 436, 427, 147, 148, 149 Penal Code and Sec. 27 of the Arms Act.

(2.) Challenge is laid to the FIR on various grounds including the ground that it is based on absolutely false, frivolous and concocted facts. It is also pleaded in the petition that a bare reading of FIR makes it abundantly clear that happening of such an incident is highly improbable. In totality, the petitioners have submitted that continuing proceedings in the matter would result in abuse of the process of the Court.

(3.) At the threshold, notices were issued to the respondent-complainant and by order dated 20th of Sept., 2016, after hearing learned counsel for the parties, limited indulgence was granted to the petitioners. The petitioners were asked to join investigation, but for restricting coercive action against petitioner No.4 only.