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  • Moolchand S-O Shree Mangal Vs State of Rajasthan On 2 November, 2022 2

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    Kiran Rathi
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    The petitioners filed a complaint before the trial court against several respondents for offenses under various sections of the Indian Penal Code. The trial court ordered an inquiry under Section 200 CrPC instead of sending the complaint for investigation under Section 156(3) CrPC as requested. The petitioners filed a petition in the High Court. The High Court allowed the petition, set aside the trial court's order, and directed the trial court to send the complaint for investigation under Section 156(3) CrPC to the police station as a prima facie cognizable offense was made out.

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    Moolchand S-O Shree Mangal vs State of Rajasthan on 2 November, 2022 2

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    The petitioners filed a complaint before the trial court against several respondents for offenses under various sections of the Indian Penal Code. The trial court ordered an inquiry under Section 200 CrPC instead of sending the complaint for investigation under Section 156(3) CrPC as requested. The petitioners filed a petition in the High Court. The High Court allowed the petition, set aside the trial court's order, and directed the trial court to send the complaint for investigation under Section 156(3) CrPC to the police station as a prima facie cognizable offense was made out.

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    17 views4 pages

    Moolchand S-O Shree Mangal Vs State of Rajasthan On 2 November, 2022 2

    Uploaded by

    Kiran Rathi
    The petitioners filed a complaint before the trial court against several respondents for offenses under various sections of the Indian Penal Code. The trial court ordered an inquiry under Section 200 CrPC instead of sending the complaint for investigation under Section 156(3) CrPC as requested. The petitioners filed a petition in the High Court. The High Court allowed the petition, set aside the trial court's order, and directed the trial court to send the complaint for investigation under Section 156(3) CrPC to the police station as a prima facie cognizable offense was made out.

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    The Code Of Criminal Procedure, 1973
    Section 156 in The Indian Penal Code
    Section 156 in The Code Of Criminal Procedure, 1973
    Section 200 in The Code Of Criminal Procedure, 1973
    Section 467 in The Indian Penal Code

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    Rajasthan High Court
    Moolchand S/O Shree Mangal vs State Of Rajasthan on 2 November, 2022

    Bench: Narendra Singh Dhaddha


    HIGH COURT OF JUDICATURE FOR RAJASTHAN
    BENCH AT JAIPUR

    S.B. Criminal Miscellaneous (Petition) No. 9104/2022

    1. Moolchand S/o Shree Mangal, R/o Jaisinghpura, Tehsil


    Chaksu, District Jaipur (Raj.), Currently Residing At Ward
    No. 27, Lodhi Colony, Mirzapur, Gangapur City, District
    Sawai Madhopur (Raj.)
    2. Nathulal S/o Late Shree Manna, R/o Jaisinghpura, Tehsil
    Chaksu, District Jaipur (Raj.), Currently Residing At Ward
    No. 27, Lodhi Colony, Mirzapur, Gangapur City, District
    Sawai Madhopur (Raj.)
    3. Lalllu Singh S/o Late Shree Manna, R/o Jaisinghpura,
    :
    Tehsil Chaksu, District Jaipur (Raj.), Currently Residing At
    Ward No. 27, Lodhi Colony, Mirzapur, Gangapur City,
    District Sawai Madhopur (Raj.)
    4. Maur Singh S/o Late Shree Manna, Jaisinghpura, Tehsil
    Chaksu, District Jaipur (Raj.), Currently Residing At Ward
    No. 27, Lodhi Colony, Mirzapur, Gangapur City, District
    Sawai Madhopur (Raj.)
    5. Panchu Singh S/o Late Shree Manna, Jaisinghpura, Tehsil
    Chaksu, District Jaipur (Raj.), Currently Residing At Ward
    No. 27, Lodhi Colony, Mirzapur, Gangapur City, District
    Sawai Madhopur (Raj.)
    6. Keshav Singh S/o Prem Singh, R/o Gangapur City, District
    Sawai Madhopur (Raj.), Currently Residing At Ward No.
    27, Lodhi Colony, Mirzapur, Gangapur City, District Sawai
    Madhopur (Raj.)
    ----Petitioners
    Versus
    1. State Of Rajasthan, Through Public Prosecutor.
    2. Ram Prasad S/o Shree Mangla, R/o Jaisinghpura, Tehsil
    Chaksu, District Jaipur (Raj.), Currently Residing At
    Gangapur City, District Sawai Madhopur (Raj.)
    3. Kalyan S/o Shree Mangla, R/o Jaisinghpura, Tehsil
    Chaksu, District Jaipur (Raj.), Currently Residing At
    Gangapur City, District Sawai Madhopur (Raj.)
    4. Parasram S/o Shree Mangla, R/o Jaisinghpura, Tehsil
    Chaksu, District Jaipur (Raj.), Currently Residing At
    Gangapur City, District Sawai Madhopur (Raj.)
    5. Satyanarayan S/o Shree Sonya, R/o Chaksu District
    Jaipur (Raj.)
    6. Sitaram S/o Shree Sonya, R/o Chaksu District Jaipur
    (Raj.)
    7. Raghudayal S/o Shree Prahlad, R/o Chaksu District Jaipur
    (Raj.)
    8. Siyaram S/o Shree Prahlad, R/o Chaksu District Jaipur
    (Raj.)
    9. Advocate L.k. Sharma S/o Unknown, R/o Chaksu District

    (Downloaded on 04/11/2022 at 09:15:53 PM)


    (2 of 3) [CRLMP-
    9104/2022]
    :
    Jaipur (Raj.)
    10. Bajrang S/o Unknown, R/o Unknown
    11. Raghuveer Singh, Director, Shakuntla Colonisers, 1035-
    104, Geetanjali Tower, Ajmer Road, Sodala, Jaipur.
    ----
    Respondents

    For Petitioner(s) : Mr. Pratush Choudhary, Adv. on behalf of Mr. Deepak Chauhan, Adv.
    For Respondent(s) : Mr. Atul Sharma, PP HON'BLE MR. JUSTICE NARENDRA SINGH
    DHADDHA Order 02/11/2022 Defect is overruled.
    This Criminal Miscellaneous Petition has been filed by the petitioner under Section 482
    Cr.P.C. against the order dated 26.08.2022 passed by Additional Civil Judge and
    Metropolitan Magistrate No.19, Chaksu, Jaipur Metropolitan-I wherein the application of the
    petitioners under Section 156 (3) Cr.P.C. for registration of the FIR has been rejected.

    Learned counsel for the petitioners submits that petitioners had filed a complaint before the
    trial court against the respondent Nos.2 to 11 for the offence under Sections 420, 406, 467,
    468, 471 and 120-B IPC. Learned counsel for the petitioners also submits that petitioners
    have requested the trial court to send the complaint for investigation under Section 156 (3)
    Cr.P.C. but trial court instead of sending the complaint for investigation under Section 156
    (3) Cr.P.C. ordered an enquiry under Section 200 Cr.P.C. Learned counsel for the petitioners
    also submits that a bare perusal of the complaint reveals that prima facie cognizable offence
    is made out, so, trial court cannot use discretion in arbitrary manner. So, the order of the trial
    court dated 26.08.2022 (3 of 3) [CRLMP-9104/2022] be set aside and trial court be directed
    to send the complaint for investigation under Section 156 (3) Cr.P.C. to Police Station
    Chaksu.
    Learned counsel for the petitioners has relied upon the judgment of Hon'ble Supreme Court
    in Criminal Appeal No.1184 of 2022 (Arising out of SLP (Crl.) No.1674 of 2022) decided on
    05.08.2022.

    Learned Public Prosecutor does not object the prayer of petitioners.


    I have considered the arguments advanced by learned counsel for the petitioners as well as
    learned Public Prosecutor.
    A bare perusal of the complaint reveals that prima facie cognizable offence is made out. So,
    in my considered opinion, trial court wrongly ordered to enquire the matter under Section
    200 Cr.P.C. instead of sending the complaint for investigation under Section 156 (3) Cr.P.C.
    So, petition filed by the petitioners deserves to be allowed.

    Therefore, the Criminal Miscellaneous Petition is allowed and the order of the trial court
    dated 26.08.2022 is set aside.
    :
    Trial court is directed to send the complaint for investigation under Section 156 (3) Cr.P.C. to
    Police Station Chaksu.
    Stay application also stands disposed of.
    (NARENDRA SINGH DHADDHA),J Jatin /103 Powered by TCPDF (www.tcpdf.org)
    :

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