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Judgment
Heard. Perused the material available on record.
By way of the instant misc. petition under Section 482 Cr.P.C., the accused petitioners have approached this Court to challenge the Final
Report submitted by the police after investigation of FIR No.269/2016 lodged at the instance of the petitioners and for quashing of the FIR
No.275/2016 lodged against them at the Police Station Basni, Jodhpur.
Though in the subject matter of the petition, the prayer, which is made by the petitioners, is for quashing of the FIR No.275/2016 but the prayer
clause of petition is as follows:
It is, therefore, prayed that this Cr. MISC . Petitin may kindly be allowed and the criminal case no.274/2016 State Vs Gordhan Ram & Ors.
Pending before Learned Additional Civil Judge (Junior Davison), and Judicial Magistrate NO.4 Jodhpur Metropolitan may kindly be quashed and
set aside and the final report submitted by P.S. Basni in FIR no.269/2016 and 275/2016 may kindly be quashed and set aside.
Shri T.R. Choudhary, learned counsel representing the petitioners, urged that the petitioners too filed an FIR against the respondent and as such,
the trial of the petitioners is not permissible in connection with the charge-sheet filed against them after investigation of the FIR No.275/2016.
In the opinion of this Court, the instant misc. petition is totally misconceived and frivolous and prayer made therein is not fit to be accepted. The
petitioners are facing trial in the trial court in furtherance of charge-sheet submitted against them by the police upon investigation of FIR
No.275/2016. In the FIR lodged on behalf of the petitioners, the police has filed a negative final report. Therefore, no fault can be found in the
proceedings going on against the petitioners in the court below because the trial is proceeding on a charge-sheet filed by the police after
investigation. It is further an admitted position that the FIR lodged by the petitioners resulted into a report of offences not being proved against the
opposite party.
Hence, the instant misc. petition is dismissed as being frivolous and misconceived.