VIJAY BISHNOI, J. - (1.) THIS criminal misc. petition under section 482 CrPC has been filed by the petitioner for quashing of FIR No.62/2014 dated 14.06.2014 of Police Station, Rol, District Nagaur for the offences under sections 452, 379, 341 and 323 IPC.
(2.) BRIEF facts of the case are that on 14.06.2014, respondent No.2 Dan Singh son of Jabbar Singh filed a written report at Police Station, Rol, District Nagaur, alleging therein that on 12.06.2014 at about 7 -8:00 A.M. when he was sitting in his house, then suddenly, petitioners came to his house and assaulted him. When he raised cries, his brother Parwat Singh along with Mangu Singh and some other persons came there and rescued him. It is further alleged that the petitioners took Rs.15,000/ - from his pocket and ran away. On the basis of said written report, the police has lodged the impugned FIR for the offences punishable under sections 452, 341, 323, 379 IPC.
(3.) LEARNED counsel for the petitioners has argued that petitioner No.1 lodged FIR No.61/2014 against the complainant and other persons and thereafter the respondent No.2 has lodged the impugned FIR against the petitioners. It is submitted that the impugned FIR is a counter blast of the FIR filed by the petitioner No.1 and the same is liable to be quashed. Learned Public Prosecutor has submitted that from bare reading of the contents of the FIR, prima facie case is made out against the petitioners and, therefore, it is not a fit case, wherein the FIR can be quashed. It is also submitted by the learned Public Prosecutor that as per the factual report submitted by the Deputy Superintendent of Police, Nagaur, the police after investigation, has found prima facie case against the petitioners for the offences punishable under sections 452, 341, 323, 379 IPC. Heard learned counsel for the petitioners and the learned Public Prosecutor and perused the impugned FIR as well as the factual report submitted by the learned Public Prosecutor.;