JUDGEMENT
DR.PUSHPENDRA SINGH BHATI, J. -
(1.) Since all these misc. petitions under Section 482 Cr.P.C., 1973 arise out of the common facts, therefore, the same have been heard together and are being decided by this common order.
(2.) These criminal misc. petitions under Section 482 Cr.P.C., 1973 have been preferred claiming the following reliefs:
Misc. Petition No. 364/2018:-
"It is, therefore, most respectfully prayed that the application filed by the petitioner under section 482 Cr.P.C., 1973 may be allowed and:
(i) The FIR No. 578/2017 dated 25.07.2017 Police Station, Pratap Nagar, Udaipur and its entire subsequent investigation may be quashed and set aside qua the petitioners.
(ii) Any other appropriate order or direction which may be deemed just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner."
Misc. Petition No. 374/2018:-
"It is, therefore, most respectfully prayed that the application filed by the petitioner under section 482 Cr.P.C., 1973 may be allowed and:
(i) The FIR No. 583/2017 dated 28.12.2017 Police Station, Pratap Nagar, Udaipur and its entire subsequent investigation may be quashed and set aside qua the petitioners.
(ii) Any other appropriate order or direction which may be deemed just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner."
Misc. Petition No. 376/2018:-
"It is, therefore, most respectfully prayed that the application filed by the petitioner under section 482 Cr.P.C., 1973 may be allowed and:
(i) The FIR No. 579/2017 dated 25.12.2017 Police Station, Pratap Nagar, Udaipur and its entire subsequent investigation may be quashed and set aside qua the petitioners.
(ii) Any other appropriate order or direction which may be deemed just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner."
Misc. Petition No. 1330/2018:-
"It is, therefore, most humbly and respectfully prayed that this Criminal Misc. Petition may kindly be allowed, impugned order dated 06.03.2018 passed by the learned Judicial Magistrate, First Class No. 1, Udaipur City (South) may kindly be quashed and set aside. Further, this Hon'ble Court may kindly be pleased to direct de novo investigation in the matter, or in the alternative, the investigation should be done by superior agency in the interest of justice.
Any other appropriate relief, which this Hon'ble Court deems just and proper in favour of the petitioners, may kindly be passed."
Misc. Petition No. 1984/2018:-
"It is, therefore, most respectfully prayed that this misc. petition may kindly be allowed and proceedings initiated under section 107, 116(3) of the Cr.P.C., 1973 lodged at the behest of the Respondent No. 2 against the petitioners, pending as criminal misc. case No. 1432/2018 before the learned Additional District Magistrate (City, Udaipur), titled as "State of Rajasthan v. Sushil Jain and Anr." may kindly be quashed and set aside."
(3.) Misc. Petitions No. 364/2018, 374/2018 and 376/2018 seek quashment of the FIR and the entire investigation pursuant thereto; Misc. Petition No. 1330/2018 lays a challenge to the impugned order dated 06.03.2018 passed by the learned court below, taking cognizance of the offence against the present petitioners; and Misc. Petition No. 1984/2018 calls into question the proceedings initiated under sections 107 and 116(3) of the Cr.P.C., 1973 lodged at the behest of respondent/complainant against the petitioners, as mentioned in the afore quoted prayer clauses.;
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