In the facts of the present case, the finding recorded by the High Court that the 2nd FIR was not registered immediately, cannot be justified, primarily because the matter relating to 1st FIR was under investigation and it was not for the High Court to have substituted its own opinion in this regard by holding that 1st FIR was filed as a counterblast, especially when it was registered a day earlier. It is also noteworthy that, that while deciding the matter, the High Court has not considered the injury report of the appellant which was submitted by the Medical officer of the Medical and Health Department of the Government of Rajasthan, nor have the submissions advanced on behalf of the appellant been considered in the order quashing the 1st FIR.
Held, “Accordingly, we set aside the order dated 23.01.2015 passed by the Rajasthan High Court in Usha Gupta v. State of Rajasthan and direct that the police shall submit its report under section 173 CrPc after carrying out a complete and proper investigation.” Para 10
(2021) 4 SCC 778- Ram Kishan V. State of Rajasthan and Others.