- (1.) The present misc. petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing of FIR NO.40/2021 registered at Police Station Gida, District Barmer, for offences under Sections 306 and 34 of IPC.
(2.) Learned counsel for the petitioners submits that the FSL report with regard to the fact whether the suicide note was written by the deceased or not, is still pending. Therefore, it is submitted that in absence of FSL report, it cannot be proved that the suicide note was written by the deceased. Thus it is prayed that the impugned FIR may be quashed qua the present petitioners.
(3.) Per contra, learned Public Prosecutor as well as the counsel for the complainant submits that during investigation, a suicide note was recovered by the Police and after thorough investigation police has found the offences under Section 306/34 of IPC proved against the petitioners. Therefore, this stage the FIR is not liable to be quashed.;