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2017 DAILYLAW 2889 (RAJ)

HUKUM SINGH v. STATE OF RAJASTHAN AND ORS

CRLW/428/2017 · 2026-03-13

Anoop Kumar Dhand

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Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 428/2017 Hukum Singh S/o Shri Bhagirath Singh, R/o Dhani Bheemji Upli Ten Rajnota P.S Pragpura, District Jaipur. ----Petitioner Versus 1. State of Rajasthan Through Principal Secretary, Department of Home, Secretariat, Jaipur. 2. The Director General of Police, Department of Home, Jaipur. 3. The Superintendent of Police Rural, Jaipur. 4. Maliram, Assistant Sub Inspector, Police Station Pragpura, District Jaipur. 5. Suresh Kumar Yadav, Sub Inspector/station House Officer, Police Station Pragpura, District Jaipur. 6. Sumer Singh S/o Shri Habji Singh, R/o Dhani Bheemji Upli Ten Rajnota Ps Pragpura, District Jaipur. ----Respondents For Petitioner(s) : Mr. Gajraj Singh Rajawat for Mr. Santosh Singh Shekhawat For Respondent(s) : Mr. Vivek Choudhary-PP Mr. N.S. Dhakad-PP JUSTICE ANOOP KUMAR DHAND Order 13/03/2026 1. By way of filing the instant petition, a prayer has been made to quash the impugned FIR No. 233/2017 registered with Police Station Pragpura, Jaipur Rural for the offences under Sections 143, 341, 323, 354-B of IPC. 2. Counsel for the petitioner submitted that the petitioner has no concern whatsoever with the alleged incident, still he has been falsely booked in the instant case because of unfair investigation (2 of 2) [CRLW-428/2017] conducted by the Investigating Agency. Hence, interference of this Court is warranted. 3. Per contra, learned Public Prosecutor has apprised this Court on the basis of the factual report that after thorough investigation in the instant matter, charge-sheet has already been submitted against the petitioner for the offences under Sections 341, 323 and 354B of IPC before the Competent Court on 14.08.2018. 4. Heard and considered the submissions made at Bar and perused the material available on record. 5. A bare perusal of the contents of the impugned FIR and the allegations levelled against the petitioner therein along with the statements of the prosecutrix Lalidevi, indicate that a cognizable offence is made out against the petitioner. The correctness of the allegations levelled in the FIR cannot be adjudicated by this Court at this stage while exercising its inherent powers contained under Section 482 Cr.P.C. 6. The petitioner would be at liberty to take all available defence at an appropriate stage before the trial Court. 7. With the aforesaid observations and directions, the present petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/18