1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. Criminal Misc. Petition No.2387/2008 Ram Phool & Ors. vs. State of Rajasthan Date of Order: 15.1.2009 HON'BLE MR.JUSTICE BHANWAROO KHAN Mr. Suresh Pareek for the petitioners Miss. Manju Dave, P.P. The petitioners have filed this Criminal Misc. Petition under Section 482 Cr.P.C. for quashing of FIR No.218/2008 registered at police station Chauth Ka Barwara, District Sawai Madhopur for offence under Secs. 147, 148, 149, 307 and 323 IPC with the averments that the medical report and the statements of the witnesses recorded during investigation reveal that the injuries suffered by the injured person are not on vital parts of the body and, therefore, the case against the petitioners will not travel beyond Section 325 IPC but the police with intention to harass the petitioners has registered the case under Section 307 IPC. The further averment is that from the record no case under Section 307 IPC can prima facie be made out against the petitioners. 2 Heard learned counsel for the petitioners and learned P.P. Learned counsel for the petitioners has submitted that none of the injuries is on the vital part of the body and the intention of the accused persons while inflicting injuries cannot be to commit murder of the injured persons. There is only one fracture of right Tibia and the other injuries are simple in nature. Therefore, in none of the circumstances it can be a case under Section 307 IPC. Contrary to this, learned P.P. Submits that the case is still under investigation and for commission of offence under Section 307 IPC it is not only the nature of the injury but the intention of the accused is also to be seen which can be inferred from the statements of the prosecution witnesses but at this stage it cannot be said that whether the offence under Section 307 IPC is made out or not as the statements of the prosecution witnesses are not before the court and such type of arguments can also be made before the trial court at the appropriate stage. It is true that the statements of the prosecution witnesses are not available on record and the matter is still under investigation so at this stage it cannot be said with certaintity whether any offence under Section 307 can be said 3 to be made out or not but looking to the nature of the injuries it can be inferred on the basis of the evidence available on record in this case, that offence under Section 307 IPC prima facie is not made out against the petitioners though the statements recorded during investigation at this stage are not before this Court. However, if any change is found by the Investigating Agency then it is expected that the Investigating Officer while submitting the challan will act in accordance with the provisions of law and will certainly use his discretion while arriving at a conclusion whether offence under Section 307 IPC after completion of investigation is made out or not. With these observations this petition stands disposed of. BHANWAROO KHAN,J. bairwa 4 S.B.Criminal Misc.Stay Application No.1644/2008 in S.B. Criminal Misc. Petition No.2387/2008 Ram Phool & Ors. vs. State of Rajasthan Date of Order: 15.1.2009 HON'BLE MR.JUSTICE BHANWAROO KHAN Mr. Suresh Pareek for the petitioners Miss. Manju Dave, P.P. Since the main petition has been disposed of, this stay application stands disposed of. BHANWAROO KHAN,J. bairwa