- (1.) In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned. In CRLMP No. 1408/2021: 1. At the outset, learned Public Prosecutor submitted that no offence against the present petitioner has been found to be made out, which is also reflected in the factual report furnished by the learned Public Prosecutor before this Court. The said factual report is taken on record.
(2.) In light of such submission, the present petition has become infructuous, and the same is accordingly dismissed. All pending applications also stand dismissed. In CRLMP No. 2344/2019: 1. This criminal misc. petition under Section 482 Cr.P.C. has been preferred for quashing of the proceedings relating to and arising out of FIR No.274/2015 registered at Policed Station Udaimandir, Jodhpur as well as the order dated 02.03.2019 passed by the Court of learned Metropolitan Magistrate No.3, Jodhpur Metropolitan, whereby the warrants have been issued against the petitioner under Section 37 of the Police Act. 2. Learned counsel for the petitioner submitted that the petitioner is seeking quashing of the entire proceedings relating to aforementioned FIR No.274/2015, as on an application having been preferred by the present petitioner being S.B. Criminal Misc. Application No.1282/2013 (Mandar Singh @ Mahendra Singh Vs. State of Rajasthan and Ors.), this Hon'ble Court vide order dated 04.05.2015 had directed then then Deputy Registrar (Judicial) of this Hon'ble Court to lodge an FIR against Mukand Singh at the concerned police station, whereafter, the present FIR was registered against Mukand Singh. Learned counsel thus, submitted that the present petitioner himself was an instrumental in lodging of the FIR; however, after investigation, the said Mukand Singh was absolved of all the charges, and the concerned investigating authority arrived at a conclusion that the offence is made out against the present petitioner.
(3.) Learned counsel for the petitioner also submitted that a bare perusal of the impugned order passed by the learned trial court and the report of the police reveal that the process of law has been abused as the petitioner, who himself was the victim, has been converted into an accused, leading to gross miscarriage of justice.;