Explore the depths of legal analysis in a significant case concerning the quashing of an FIR. The court’s meticulous examination of the case, focusing on the legality and rationale behind the decisions, sheds light on the complexities of the legal system. This blog post unravels the key findings and observations made by the court, providing insights into the nuances of the legal process.
Facts
- The appellant, a Police Constable, along with other police officers, stopped a motorcycle for checking on the road.
- The rider, Deepak Gupta, fled but returned with two women, including Ms. Ratna Gupta and Ms. Usha Gupta.
- Ms. Ratna Gupta, an Inspector in Rajasthan Police, verbally abused the appellant and physically assaulted him.
- An FIR was lodged by the appellant on the same day, followed by a cross FIR by Deepak Gupta the next day.
- The respondents no. 2 and 3 challenged the FIR lodged by the appellant, and the Rajasthan High Court quashed it.
- The cross FIR filed by Deepak Gupta led to a Final Report being filed by the Police.
- The current appeal challenges the High Court’s decision to quash the appellant’s FIR.
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Analysis
- High Court’s finding that FIR no. 218 was not registered immediately cannot be justified
- High Court should not have substituted its opinion regarding the timing of FIR registration
- Quashing FIR no. 217 solely on the timing of registration is unreasonable and unjustified
- The High Court did not consider the Injury Report of the appellant-Ram Kishan dated 22.07.2006 submitted by the Medical Officer of the Medical and Health Department of the Government of Rajasthan.
- The submissions advanced on behalf of the appellant were recorded but not considered in the Order quashing the FIR no. 217 of 2006.
- The matter related to FIR No. 217 of 2006 was under investigation.
- The High Court erred in assuming that the FIR of Deepak Gupta, wrongly mentioned as that of the respondents no. 2 and 3, was not registered immediately.
- The Final Report submitted in the FIR No. 218 of 2006 was not taken into consideration by the Rajasthan High Court.
- Based on the above errors by the High Court, it was concluded that the Rajasthan High Court erred in quashing the FIR No. 217 of 2006.
- The Order dated 23.01.2015 passed by the Rajasthan High Court in SB Criminal Misc. Petition No.1144 of 2008 (Usha Gupta & anr vs State of Rajasthan & anr.) is set aside.
- The police is directed to submit its report under section 173 Cr.P.C. after conducting a thorough investigation into FIR No.217 of 2006.
- Considering the long pendency of the case for about a decade and a half, it is ordered that the investigation should be completed promptly and efficiently.
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Decision
- The appeal has been allowed based on the observations mentioned.
- The Order dated 23.01.2015 of the High Court is being challenged through this Special Leave Petition.
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Case Title: RAM KISHAN Vs. THE STATE OF RAJASTHAN (2021 INSC 244)
Case Number: Crl.A. No.-000393-000393 / 2021
