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HAFIZ @ BUNDU KHAN AND ORS v STATE AND ORS - CRLMP Case No. 1466 of 2007  RD-RJ 5680 (4 December 2007)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH
S.B. CRIMINAL MISC. PETITION NO.1466/07
Hafiz @ Bandu Khan & Anr.
State & Anr.
DATE OF ORDER : 04/12/2007
HON'BLE MR. JUSTICE AJAY RASTOGI
Mr. Pratap Singh Sirohi, for petitioners
Mr. Arun Sharma, Public Prosecutor for State
Instant petition has been filed for quashing of FIR which was registered against accused- petitioners for offence u/ss.420, 467, 468, 471, 120B & 406 IPC.
Basic objection of counsel is that from bare perusal of FIR registered against accused- petitioners, no criminal offence is made out. In these circumstances, if they are allowed to be prosecuted it will be clear abuse of the process of law, particularly, when no offence from the contents of FIR is made out. 10th
This court earlier vide order dated
September, 2007 directed Public Prosecutor to keep the case diary ready for perusal of this court.
I have heard counsel for parties and perused the case diary taking note of statements recorded u/s.161 Cr.P.C. and so also FIR registered against accused-petitioners. From its bare perusal, prima facie it constitutes offence and it does not call for interference at this stage.
However, petitioners will be at liberty to question at the appropriate stage.
Consequently, the misc. petition stands dismissed. [AJAY RASTOGI],J.
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