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Issues involved: Petition filed u/s 482 of CrPC for quashing FIR u/s 42/45(12) of Prisons Act, 1894 and u/s 540 of IPC.
Quashing of FIR under Section 482 of CrPC: The petitioner argued that carrying a mobile phone in jail was not an offense as it did not fall within the definition of prohibited articles. However, the State counsel contended that u/s 42 of the Act, communicating with any prisoner is punishable. The petitioner was found with a mobile phone and charger hidden in his turban and shoe, indicating an attempt to communicate with a prisoner. Charges were framed, and the court held that no grounds for quashing the FIR were established at this stage, allowing the petitioner to raise defenses during trial. The petition was dismissed accordingly.
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