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Citation Codes
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citation codes
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Attorney(S)
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Acts
  • Sections 467, 468, 471, 500, 228-A of IPC and Section 67(A) of IT Act.
  • Sections 419, 465, 469, 471 & 228A of IPC and Sections 66, 66C & 66D of the IT Act
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Cites
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Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
Acts
  • Sections 467, 468, 471, 500, 228-A of IPC and Section 67(A) of IT Act.
  • Sections 419, 465, 469, 471 & 228A of IPC and Sections 66, 66C & 66D of the IT Act
Smart Summary

Summary of Order: S.B. Criminal Misc(Pet.) No. 5424/2021 (Ritesh Patel v. State of Rajasthan & Anr.)

Court: High Court of Judicature for Rajasthan at Jodhpur

Judge: Hon'ble Mr. Justice Manoj Kumar Garg

Date of Order: 12/04/2023

Petitioner: Ritesh Patel S/o Shri Ramesh Parkash

Respondents: 1. State of Rajasthan (through PP) 2. Aruna Rathore

Relief Sought: Quashing of FIR No. 286/2021, P.S. Sojat City, District Pali

Factual and Procedural Background

The petitioner filed a miscellaneous petition seeking quashing of FIR No. 286/2021, registered at Police Station Sojat City, District Pali. The FIR was originally described in the petition as alleging offences under Sections 467, 468, 471, 500 and 228-A of the Indian Penal Code and Section 67(A) of the Information Technology Act.

The petition was taken up before the High Court on 12 April 2023. The petitioner was not present in court. The learned Public Prosecutor placed on record a report dated 11.04.2023 from the Station House Officer (SHO), Police Station Sojat City, District Pali, stating that offences under Sections 419, 465, 469, 471 & 228A of the IPC and Sections 66, 66C & 66D of the IT Act had been proved against the present petitioners. The Court recorded that report and, in view of the stated facts and circumstances, held the miscellaneous petition to be infructuous and dismissed it. The stay application was also decided (the order does not detail the outcome of the stay application beyond stating it was decided).

Legal Issues Presented

  1. Whether FIR No. 286/2021 registered at Police Station Sojat City, District Pali should be quashed.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court's analysis in the order is concise and procedural. The key steps recorded by the Court are:

  • The Court received and took on record a report dated 11.04.2023 from the SHO, which stated that offences under Sections 419, 465, 469, 471 & 228A IPC and Sections 66, 66C & 66D of the IT Act had been proved against the present petitioners.
  • Relying on the facts and circumstances reflected in that report, the Court concluded that the petition seeking quashing of the FIR had become infructuous.
  • On that basis, the Court dismissed the miscellaneous petition. The order states that the stay application was also decided, but it does not provide reasoning or details regarding the resolution of the stay application.

The order contains no extended legal analysis, discussion of legal principles, or citation of case law; it is principally based on the SHO's report being taken on record and the consequent procedural conclusion.

Holding and Implications

Core Ruling: The miscellaneous petition to quash FIR No. 286/2021 was DISMISSED AS INFRUCTUOUS.

Implications:

  • The petition seeking quashing of the FIR was dismissed; accordingly, the FIR and the criminal proceedings it initiated were not quashed by this order.
  • The SHO's report stating that offences under Sections 419, 465, 469, 471 & 228A IPC and Sections 66, 66C & 66D of the IT Act were proved against the present petitioners was taken on record by the Court and formed the factual basis for the dismissal.
  • The order does not purport to set any legal precedent or develop new law; it disposes of the petition on the facts and procedural posture presented.

If specific details such as the substance of the stay application decision or the parties' arguments are required, they are not contained in the provided opinion and therefore are not summarized here.

To access the original judgment, please Sign In or Subscribe.

    RITESH PATEL v. STATE OF RAJASTHAN

    HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

    JODHPUR

    S.B. Criminal Misc(Pet.) No. 5424/2021 Ritesh Patel S/o Shri Ramesh Parkash, Aged About 29 Years, R/o Sarswati Sadan, Barna Road, Bilara, Jodhpur. ----Petitioner

    Versus

    1. State Of Rajasthan, Through Pp

    2. Aruna Rathore W/o Vinod, Aged About 22 Years, R/o Bera Samanda, Bilara, District Jodhpur.

    ----Respondents

    For Petitioner(s) : None Present

    For Respondent(s) : Mr. Mukesh Trivedi, PP Mr. S.K. Dadhich and Mr. Nayab Khan

    for complainant

    Mr. Bhoma Ram, Additional S.P.

    P.S. Sojat City, District Pali

    HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order

    12/04/2023

    The instant misc. petition has been filed by the petitioner for quashing of FIR No.286/2021, Police Station Sojat City, District Pali for offences under Sections 467, 468, 471, 500, 228-A of IPC and Section 67(A) of IT Act.

    Learned Public Prosecutor has submitted a report dated 11.04.2023 received from the SHO, Police Station Sojat City, District Pali wherein it has been mentioned that offences under Sections 419, 465, 469, 471 & 228A of IPC and Sections 66, 66C & 66D of the IT Act have been proved against the present petitioners. The said report is hereby taken on record.

    1

    (2 of 2)

    [CRLMP-5424/2021] In view of the aforesaid facts and circumstances, the present misc. petition has become infructuous and dismissed accordingly. Stay application also decided.

    (MANOJ KUMAR GARG),J

    1-Rashi/-

    2

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    RITESH PATEL v. STATE OF RAJASTHAN
    (Apr 12, 2023)