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2013 DAILYLAW 2349 (RAJ)

HARI SINGH v. STATE OF RAJASTHAN AND ANR

CRLMP/2264/2013 · 2026-04-16

Anoop Kumar Dhand

body2013

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2264/2013 Hari Singh S/o Shri Madho Ram, R/o Village Post Challa, Via Nim Ka Thana, Distt. Sikar, Raj. ----Petitioner Versus 1. State Of Rajasthan Through Pp 2. Smt. Ganga W/o Shri Birda Ram Gurjar, R/o Sawalpura Tavran, Police Station Ajitgarh, Tehsil Neem Ka Thana, Distt. Sikar Raj. ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND Order 16/04/2026 1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned FIR No.50/2013, registered with the Police Station Ajitgarh, District Sikar for the offences punishable under Section 420, 406 and 120B IPC and the proceedings arising out from the impugned FIR. 2. As per the ground taken in the instant misc. petition, the petitioner has not committed any offence and he has been falsely implicated in the instant case. The impugned FIR has been lodged after a delay and no explanation of such delay has been furnished, hence, interference of this Court is warranted. Since the impugned FIR pertains to year 2013 and the instant petition is also lying pending before this Court since 2013 and no interim order is operating in favour of the petitioner since then, hence, this Court (2 of 2) [CRLMP-2264/2013] vide order dated 11.08.2025 deemed it just and proper to get the status report of trial. 3. In pursuance of the aforesaid, the factual report was received from the Court of Additional Chief Judicial Magistrate No.2, Srimadhopur, Sikar on 22.08.2025, which indicates that till 10.07.2025 statements of nine witnesses were recorded and only one witness was left, who was supposed to be examined on 03.09.2025, meaning thereby, the trial has reached to its fag end. 4. Even otherwise also, perusal of the allegations mentioned in the impugned FIR reveals commission of a cognizable offence. The correctness of the allegations cannot be examined by this Court. 5. In the considered opinion of this Court, the petitioner can take all the ground which have been taken before this Court and all available defence at the appropriate stage of the trial, in case, the trial is still lying pending. 6. With the aforesaid observations, the instant criminal misc. petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/39