RAJENDRA KUMAR & ANR. Vs. THE STATE & ANR.
LAWS(RAJ)-2013-1-319
HIGH COURT OF RAJASTHAN
Decided on January 22,2013

Rajendra Kumar And Anr. Appellant
VERSUS
The State And Anr. Respondents

JUDGEMENT

R.S. Chauhan, J. - (1.) THE accused petitioners have prayed for quashing of FIR No. 196/2012 registered at Police Station Shrimadhopur, District Sikar for the offence under Section 294, 541, 354, 509 IPC and Section 67/67A of Information Technology Act. The learned counsel for the petitioner has vehemently contended that earlier the petitioners had lodged a FIR against one Harlal, a relative of the prosecutrix. Smt. Brahma Devi. Since an animosity existed between the prosecutrix's family and the petitioners, therefore she lodged a false FIR against them. According to him in the FIR she does not level any allegation of being ravished or being sexually exploited. Since the FIR has been lodged in order to wreak personal vengeance, the same deserves to be quashed.
(2.) IN S.B.Cr. Misc. Petition 2695/2012 emanating out the same FIR, by order dated 7.11.2012 this Court had directed that the statement of the prosecutrix should be recorded under Section 164 Cr.P.C. The same has been done. Her statement under Section 164 Cr.P.C. is available before this Court. In the said statement she has alleged that not only was her modesty outraged, but most importantly she was physically exploited by the petitioners.
(3.) CONSIDERING this statement, by order dated 11th January, 2013, this Court had issued certain directions to the Police department to initiate disciplinary inquiry against the Investigating Officer Mr. Karan Singh Khangarot. Since the files of both the cases are connected and are tagged together the said order is also available before this Court.;


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