TOGA RAM Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2014-11-15
HIGH COURT OF RAJASTHAN
Decided on November 10,2014

Toga Ram Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

Vijay Bishnoi, J. - (1.) THIS criminal misc. petition has been filed by the petitioners under Section 482 Cr.P.C. with the prayer for quashing FIR No. 165/2014 dated 3.10.2014 pertaining to Police Station Shiv, District Barmer for the offences punishable under Sections 354 -A, 323 and 341 I.P.C.
(2.) BRIEF facts of the case are that one Lehri Devi wife of Shri Ram lodged a complaint before the S.H.O., Police Station Shiv, District Barmer while alleging that the petitioner No. 1 Toga Ram called her husband Shri Ram and thereafter assaulted him along with some other accused persons in front of house of Ishra Ram and on account of that her husband received several injuries and when she tried to rescue him from the accused persons, they also assaulted her and misbehaved with her. On the basis of the complaint filed by the respondent No. 2, the police registered impugned FIR against the petitioners for the offences under Sections 323, 341 and 354A I.P.C.
(3.) LEARNED counsel for the petitioners has submitted that the petitioners have been falsely implicated by the respondent No. 2 as they were not involved in the offences as alleged in the FIR. It is also contended that, in fact, the petitioners were rescuing the husband of the complainant, who was assaulted by some other persons and, therefore, the impugned FIR may kindly be quashed and set aside.;


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