High CourtsSingle Bench(2022) 08 RAJ CK 0020

Kanhaiya Lal vs State Of Rajasthan And Others

Rajasthan High Court · Decided on 8 August 2022

HON’BLE JUDGES
Dinesh Mehta, J
RESULT
Dismissed
CASE NUMBER
S.B. Criminal Miscellaneous (Petition) No. 4744 Of 2019

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Judgment

8 paragraphs · 200 words

Dinesh Mehta, J

1.

By way of the present petition filed under Section 482 of the Code of Criminal, 1973, the petitioner has challenged the FIR No.222/2022, dated 11.07.2022, registered with Police Station Ahore, District Jalore for the offence under Sections 341, 323 & 354 of the Indian Penal Code.

2.

Mr. Dipesh Kumar claiming himself to be the brother of the petitioner Kanhaiya Lal, appeared before this Court and argued that the petitioner Kanhaiya Lal is having head injury and is hospitalised on account of injuries sustained during the scuffle and thus protection be granted to him.

3.

It was argued that the present FIR has been filed belatedly and in order to create a defence in relation to the FIR (No.219/2022 dated 08.07.2022), which has been lodged by the petitioner.

4.

Having regard to the facts and circumstances of the case and upon perusal of the FIR, this Court is of the view that the matter needs to be investigated. No interference is warranted.

5.

The misc. petition is, therefore, dismissed.

6.

The investigating Officer is, however, directed to take into account petitioner's medical condition before taking any coercive action against him.

7.

Stay petition also stands dismissed.