MADAN LAL MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed by the petitioner for quashing of FIR No.95/2020 registered at Police Station Nal, District Bikaner for the offences under Sections 323, 452, 354, 506, 143 IPC R/w Sections 3(1)(w)(i) and 3(2)(va) of SC/ST Act.

(2.) Counsel for the petitioner has submitted that false FIR has been lodged against the petitioner and after investigation, police has also disbelieved the story of the prosecution and only found the present petitioner guilty of offences under Sections 341 and 323 of IPC. Thus the impugned FIR is per-se illegal and deserves to be quashed.

(3.) Per contra, learned Public Prosecutor has submitted a report dated 02.03.2021 received from the concerned Police Station wherein it has been mentioned that the injured Suman received injuries on her body during the incident which is apparent from her injury report. Further injured Suman also stated in her statement recorded under Section 164 of Cr.P.C about the molestation made by the accused-petitioner in her kitchen. Thus in the investigation, the police found the offences under Sections 341 and 323 of IPC to be proved against the present petitioner and prepared the charge-sheet. At this stage the FIR is not liable to be quashed.