BHERU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal misc. petition under Section 482 Cr.P.C. has been filed for quashing of FIR No.491/2019 registered at Police Station Pratap Nagar, District Jodhput City (West) for offence under Sections 420, 406 IPC.

(2.) Learned counsel for the petitioner submits that the complainant has deliberately lodged the impugned FIR against the petitioner on the basis of false, frivolous and bogus allegations whereas a civil suit is maintainable in this case. The petitioner has converted the civil matter into the criminal matter which is not permissible in the eye of law. Thus it is prayed that the FIR in question may be quashed. Per contra, learned Public Prosecutor has opposed the prayer.

(3.) I have considered the arguments and perused the FIR. From the perusal of the FIR, it cannot be said that no cognizable offence has been committed. The specific allegations in the FIR have been levelled against the petitioner. The allegations in the complaint prima facie satisfy the essential ingredients of the offence alleged. The police has statutory right to investigate the matter. No case is made out for quashing of FIR.