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Rajasthan High Court · body

2013 DIGILAW 2074 (RAJ)

Neha Doshi v. State of Rajasthan

2013-11-23

SANDEEP MEHTA

body2013
JUDGMENT 1. - Heard learned counsel for the parties and perused the factual report of the Investigating Officer submitted by the learned Public Prosecutor. 2. The instant misc. petition has been filed seeking quashing of the F.I.R. No. 193/2012 registered at Police Station Sukher, District Udaipur against the petitioner for the offences under Sections 336 and 227 I.P.C. 3. Learned counsel for the petitioner submits that the petitioner is not responsible for the omission by which the injured received the injury. He thus submits that the F.I.R. impugned deserves to be quashed. 4. Learned counsel for the respondent No. 2 and learned Public Prosecutor pointed out that there is a specific allegation in the F.I.R. that the gate in the Celebration Mail of which the petitioner is a Manager, was defective and was perched in a precarious condition. The petitioner has been informed in writing as well as orally that the gate might fall resulting into accident. Despite that she did not take any action to have the same repaired and ultimately, the gate fell on the injured i.e. The complainant's son causing injuries to him. They thus submit that it is not a fit case warranting exercise of the inherent powers to quash the F.I.R. impugned. 5. Considering the facts and circumstances of the case and peeping in view the fact that as per the factual report submitted by the learned Public Prosecutor, the investigation of the case has already been concluded and the charge-sheet is ready to be filed, this Court is of the opinion that it is not a fit case for exercising the inherent powers to quash the F.I.R. impugned. Whatever defence, the petitioner has regarding her not being responsible for the safe keeping of the mall premises has to be proved by her before the learned Trial Court at the appropriate stage. 6. Consequently, the instant misc. petition challenging the F.I.R. is dismissed. The Investigating Officer is directed to file the result of investigation in the Court concerned forthwith.Stay petition also stands dismissed.Petition dismissed. *******