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2019 DAILYLAW 3146 (RAJ)

BHANWAR MEENA SON OF BHAROSI MEENA v. STATE OF RAJASTHAN

CRLMP/7363/2019 · 2026-03-12

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.7363/2019 Bhanwar Meena Son Of Bharosi Meena, Aged About 30 Years, Aged About 30 Years, By Caste Meena, Resident Of Village Katkad, Tehsil Hindaun City, District Karauli (Rajasthan). ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Smt. Narbada Wife Of Haricharan Bairwa, R/o Kudgaon, Police Station Kudgaon, District Karauli (Rajasthan). ----Respondents For Petitioner(s) : Mr. Utkarsh Goyal for Mr. Rajneesh Gupta For Respondent(s) : Mr. Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND Order 12/03/2026 1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned FIR No.417/2019 registered with the Police Station Gangapur City, District Sawai Madhopur for the offences under Sections 323, 341 & 354 IPC and Sections 3(2)(va) of the SC/ST Act. 2. Learned counsel for the petitioner submits that the petitioner has not committed any offence whatsoever, but inspite of above, on account of an ulterior motive of vengeance, the petitioner has been falsely booked in the instant case by the informant due to his personal grudge. Learned counsel submits that, under these circumstances, interference of this Court is warranted. 3. Per contra, learned Public Prosecutor opposes the prayer made by learned counsel for the petitioner and submits that after thorough investigation in the matter, involvement of the petitioner (2 of 2) [CRLMP-7363/2019] was found to be proved, hence, charge-sheet has already been submitted against him before the Competent Court of law, where charges have already been framed against the petitioner way-back in the year 2024 and statements of the prosecution witnesses have already been recorded, hence, under these circumstances, interference of this Court is not warranted. 4. Heard and considered the submissions made at the Bar and perused the material available on the record. 5. Perusal of the allegations/contents of the impugned FIR indicates/reveals commission of a cognizable offence. It is settled proposition of law that if the allegations levelled in the FIR reveal commission of a cognizable offence, then this Court cannot interfere with the course of investigation done by the Investigating Agency. 6. Looking to the fact that charge-sheet has already been submitted and charges have already been framed against the petitioner along with statement of some of the prosecution witnesses which have already been recorded, this Court deems it just and proper to dispose of the instant criminal misc. petition granting liberty to the petitioner to take all these documents/defence before the Trial Court at the appropriate stage of the trial. 7. With the aforesaid observations, the instant criminal misc. petition stands disposed of. Stay application as well as all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J Karan/4