Research › Search › Judgment

High Court of Rajasthan · body

2018 DAILYLAW 2336 (RAJ)

PANKAJ KUMAR GUPTA S/O LATE SHRI SURESH CHAND GUPTA B/C MAHAJAN v. STATE OF RAJASTHAN THROUGH PP

CRLW/767/2018 · 2026-04-07

Anoop Kumar Dhand

body2018

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 767/2018 Dr. Pankaj Kumar Gupta S/o Late Shri Suresh Chand Gupta, Aged About 39 Years, R/o Bhartiya Colony Hindaun City, District Karauli, Raj. ----Petitioner Versus 1. State Of Rajasthan Through Pp, Jaipur 2. Dr. Hari Mohan Saini S/o Shri Mool Chand Saini, R/o Tehala By Pass Chouraha, Rajgarh, District Alwar. ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr.Vivek Choudhary, PP JUSTICE ANOOP KUMAR DHAND Order 07/04/2026 1. By way of filing the instant criminal writ petition, a challenge has been led to the impugned F.I.R. No.79/2017, registered at the Police Station ACB Jaipur, District Alwar for the offence punishable under Sections 7, 8, 13(1)(d) & 13(2) P.C. Act, 1988 & Sections 384 & 120B I.P.C. and a prayer has also been made to quash the aforesaid F.I.R. 2. looking to the fact that the instant criminal writ petition is lying pending before this Court for last more than eight years, i.e., since 2018 and the matter pertains to an incident which occurred in the year 2017, hence, looking to the aforesaid facts and circumstances, this Court deems it just and proper to look into the contents of the instant petition and decide the same accordingly. (2 of 3) [CRLW-767/2018] 3. It has been averred in the instant petition that the petitioner has been falsely booked in the instant case and in fact, no such incident has occurred, hence, a prayer has been made to quash the proceedings arising out of the impugned F.I.R. 4. Per contra, the aforesaid prayer has been opposed by the learned Public Prosecutor and he has submitted that a thorough investigation was done in the instant matter and prima facie case was found to be proved against the petitioner and the co-accused person, and accordingly, charge-sheet has already been submitted against the co-accused persons before the Court Prevention of Corruption Act, Alwar on 18.07.2018 and a supplementary charge- sheet has been submitted against the petitioner on 31.03.2023 before the Court, Prevention of Corruption Act, Alwar and the proceedings are ongoing, hence, under these circumstances, interference of this Court is not warranted and the instant petition is liable to be rejected. 5. Heard and considered the submissions made at the Bar and perused the material available on record. 6. The contents of the impugned F.I.R. reveal commission of cognizable offence and the correctness of such allegations cannot be examined, adjudicated and adjudged by this Court, while exercising inherent jurisdiction contained under Section 482 Cr.P.C. Certainly, this task has been assigned to the Investigating Officer, who after thorough investigation in the instant matter, has already submitted charge-sheet against the co-accused persons and supplementary charge-sheet against the petitioner way back (3 of 3) [CRLW-767/2018] in the year 2023 before the Court, Prevention of Corruption Act, Alwar. 7. This Court deems it just and proper to dispose of the instant criminal writ petition granting liberty to the petitioner to take all available grounds and all available defence, which have been taken before this Court, at the appropriate stage of the trial before the Trial Court. 8. With the aforesaid observation and direction, the instant petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma/37