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2018 DAILYLAW 2341 (RAJ)

HARKESH JATAV S/O BABULAL JATAV B/C JATAV v. STATE OF RAJASTHAN THROUGH PP

CRLMP/4825/2018 · 2026-03-28

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 Miscellaneous (Petition) No. 4825/2018 Harkesh Jatav S/o Babulal Jatav, aged about 28 Years, R/o Kailash Nagar, Post Mandawara, Tehsil Hindaun, Police Station Hindaun Kotwali, District Karauli, Raj. ----Petitioner Versus 1. State of Rajasthan Through PP, Jaipur. 2. Keshula S/o Shri Natthi, Aged About 45 Years, R/o Bandpura, Police Station Hindaun City. ----Respondents For Petitioner(s) : None For Respondent(s) : Mr. Jitendra Singh Rathore-PP JUSTICE ANOOP KUMAR DHAND Order 28/03/2026 1. By way of filing the present petition, a prayer has been made to quash the impugned FIR No. 498/2017 registered at Police Station Hindaun, District Karauli for the offences under Sections 143, 323, 341, 427,379 IPC and under Section 3(1)(s) of the SC/ST (Prevention of Atrocities), Act, 1989. 2. It has been averred in the petition that the petitioner has falsely been implicated in this case and the offence under Section 3 of SC/ST (prevention of Atrocities), Act, 1989 is not applicable in the instant matter, as the petitioner also belongs to the same caste. 3. Perusal of the record indicates that the involvement of the petitioner with regard to other offences has been completely denied on the ground that the petitioner was on official duty and (2 of 2) [CRLMP-4825/2018] he was not present at the place of occurrence and he has been falsely booked in this case. The aforesaid submissions so made in the instant petition cannot be adjudicated by this Court while exercising its jurisdiction contained under Section 482 Cr.P.C, certainly this task has been assigned to the Investigating Officer. 4. Considering the over all facts and circumstances of the case, this Court deems it just and proper to dispose of the instant petition, granting liberty to the petitioner to file an appropriate representation taking the aforesaid grounds. It is expected from the Investigating Officer to consider the same and submit the conclusion report of investigation under Section 173 Cr.P.C. before the Competent Court strictly in accordance with law. 5. This order has its effect only if the investigation is still lying pending and in case, charge-sheet has already been submitted against the petitioner then he would be at liberty to take all these grounds and the defence before the Trial Court at the appropriate stage of trial. 6. Accordingly, the present petition stands disposed of. Stay application and all pending application(s), if any, also stand dismissed. (ANOOP KUMAR DHAND),J Ashu/36