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2018 DAILYLAW 2342 (RAJ)

GUMAN S/O SHRI RATANLAL B/C JATAV v. STATE OF RAJASTHAN THROUGH PP

CRLMP/4035/2018 · 2026-03-25

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. 4035/2018 Guman S/o Shri Ratanlal, Aged About 45 Years, R/o Bai Jatt, Tehsil Hindaun City, District Karauli, Raj. ----Petitioner Versus 1. State of Rajasthan Through PP, Jaipur 2. SHO Police Station Sadar Hindaun, District Karauli, Rajasthan 3. Chetna Kumari D/o Shrilal, R/o C.b.d. Belapur Sector 4, West New Mumbai, Maharashtra, At Present Sikrauda Police Station Sadar Hindaun, District Karauli, Raj. ----Respondents For Petitioner(s) : Mr. Rakesh Saini for Mr. Timan Singh For Respondent(s) : Mr. Amit Kumar Gupta-PP JUSTICE ANOOP KUMAR DHAND Order 25/03/2026 1. By way of filing the present petition, a prayer has been made to quash the impugned FIR No. 139/2018 registered at the Police Station Sadar Hindaun, District Karauli for the offences punishable under Sections 376-D, 406 and 323 IPC. 2. Counsel for the petitioner submits that the petitioner has not committed any offence whatsoever and has been falsely booked in the instant case by the complainant by way of lodging the impugned FIR. Hence, interference of this Court is warranted. 3. Per contra, learned Public Prosecutor opposed the submissions made by counsel for the petitioner. (2 of 2) [CRLMP-4035/2018] 4. Heard and considered the submissions made at Bar and perused the material available on record. 5. The allegations levelled in the impugned FIR and the contents of the FIR reveal the commission of a cognizable offence. The correctness of the allegations cannot be examined/adjudged by this Court in exercise of its jurisdiction contained under Section 482 Cr.P.C. Certainly this task has been assigned to the Investigating Agency. 6. This Court deems it just and proper to dispose of the present petition, granting liberty to the petitioner to file a representation before the Investigating Officer who will examine the same and proceed with the matter in accordance with law. This order will have its effect, if the notice is still lying pending and in case, charge sheet has been submitted then the petitioner would be at liberty to take all the grounds/defence which have been taken before this Court at the appropriate stage before the trial Court. 7. With the aforesaid observations, the present petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J. Ashu/1