RAMCHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant misc. petition has been filed by the petitioner for quashing of FIR No. 11/2019 registered at Police Station Pachodi, District Nagaur for offences under Section 341, 323, 447, 452/34 of IPC.

(2.) Learned counsel for the petitioner submits that there is cross- case against the complainant and in this case, the complainant is the aggressor and he illegally tried to enter into the disputed land and raise construction of boundary wall, therefore, no offence under Section 452 IPC is made out against the petitioner. Further, there is a cross-case registered against the complainant, therefore, the FIR lodged by the complainant is liable to be quashed.

(3.) Per contra, learned Public Prosecutor submits that from the perusal of FIR, it is clear that the petitioner has been named by the complainant in the FIR and all the four accused persons entered the Dhani of the complainant and thereafter, caused injured on the leg of Rajendra and that injury has been found to be grievous in nature. The police after thorough investigation has prima facie found the offences under Section 341, 323, 447, 452/34 of IPC made out against the petitioner.