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Rajasthan High Court · body

2019 DIGILAW 1325 (RAJ)

Lalita Devi v. State of Rajasthan, Through PP

2019-05-02

PANKAJ BHANDARI

body2019
JUDGMENT 1. Petitioner has preferred this Criminal Misc. Petition for quashing of F.I.R. No. 148/2019 registered at Police Station Kaman, District Bharatpur. 2. It is contended by counsel for the petitioner that petitioner is the natural guardian of her minor daughters. Complainant respondent No. 2 is son of the petitioner but he is being misguided by in-laws of petitioner. It is contended that minor daughters are living with the petitioner and the allegation that she has sold them and married them to some persons is not correct. It is also contended that petitioner has also given representation to the Police. 3. I have considered the contentions. 4. The F.I.R. prima facie discloses commission of cognizable offence. 5. The Apex Court in "Dineshbhai Chandubhai Patel v. State of Gujarat" (2018) 3 SCC Page 104 has held that the High Court at this stage could not appreciate the evidence nor could draw its own inferences and such job is vested with the Investigating Authority. The Apex Court further observed that if the F.I.R. discloses prima facie commission of any cognizable offence, the High Court should stay its hand and allow the investigating machinery to step in to initiate the probe to unearth the crime in accordance with the procedure prescribed in the Code. 6. Since the F.I.R. prima facie discloses commission of cognizable offence, this Court is not inclined to quash the F.I.R. 7. The Criminal Misc. Petition is, accordingly, dismissed. Stay application also stands disposed.