Research › Search › Judgment

High Court of Rajasthan · body

2019 DAILYLAW 3160 (RAJ)

MANOJ THAKUR S/O SHRI MAHESH THAKUR v. STATE OF RAJASTHAN

CRLMP/7160/2019 · 2026-03-30

Anoop Kumar Dhand

body2019

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7160/2019 1. Manoj Thakur S/o Shri Mahesh Thakur, Aged About 31 Years, Resident, Of Shastri Nagar, Opposite Annapurna Mandir, Nagpur, Flat No. 222 And Vathoda Ring Road, Near Gas Godam, Sai Baba Colony, Plot No. 19, Nagpur (Maharashtra) 2. Kamla Thakur W/o Shri Maheshg Thakur, Aged About 50 Years, Resident, Of Shastri Nagar, Opposite Annapurna Mandir, Nagpur, Flat No. 222 And Vathoda Ring Road, Near Gas Godam, Sai Baba Colony, Plot No. 19, Nagpur (Maharashtra) 3. Simran Thakur D/o Shri Mahesh Thakur, Aged About 25 Years, Resident, Of Shastri Nagar, Opposite Annapurna Mandir, Nagpur, Flat No. 222 And Vathoda Ring Road, Near Gas Godam, Sai Baba Colony, Plot No. 19, Nagpur (Maharashtra) 4. Vinod Thakur S/o Shri Mahesh Thakur, Aged About 27 Years, Resident, Of Shastri Nagar, Opposite Annapurna Mandir, Nagpur, Flat No. 222 And Vathoda Ring Road, Near Gas Godam, Sai Baba Colony, Plot No. 19, Nagpur (Maharashtra) 5. Chhaya Singh W/o Shri, Resident Of Shastri Nagar, Opposite Annapurna Mandir, Nagpur, Flat No. 222 And Vathoda Ring Road, Near Gas Godam, Sai Baba Colony, Plot No. 19, Nagpur (Maharashtra) 6. Sandeep Thakur S/o Shri Resident Of Shastri Nagar, Opposite Annapurna Mandir, Nagpur, Flat No. 222 And Vathoda Ring Road, Near Gas Godam, Sai Baba Colony, Plot No. 19, Nagpur (Maharashtra) 7. Babita Thakur W/o Resident, Of Shastri Nagar, Opposite Annapurna Mandir, Nagpur, Flat No. 222 And Vathoda Ring Road, Near Gas Godam, Sai Baba Colony, Plot No. 19, Nagpur (Maharashtra) ----Petitioners Versus 1. State Of Rajasthan, Through P.p. 2. Mahima @ Hema W/o Shri Manoj Thakur D/o Shri Satish (2 of 3) [CRLMP-7160/2019] Chandra, By Caste Mali, Resident Of Vathoda, Ring Road, Near Gas Godam, Sai Baba Colony, Plot No. 19, Nagpur (Maharashtra) At Present R/o Opposite Pashu Chikitsalaya, Kishanganj, Police Station Kishanganj, Baran, District Baran (Raj.) ----Respondents For Petitioner(s) : None For Respondent(s) : Mr. Vivek Choudhary-PP JUSTICE ANOOP KUMAR DHAND Order 30/03/2026 1. By way of filing the instant petition, prayer has been made to quash the impugned FIR No. 147/2019, registered with police Station Kishanganj, District Baran for the offences punishable under Sections 498-A and 406 IPC. 2. None present on behalf of the petitioner. 3. This petition is lying pending before this Court since 2019 and more than seven years have been passed in the meanwhile. 4. This Court deems it just and proper to look into the contents of the petition and the grounds taken therein. 5. It has been urged in the instant petition that the petitioners have not committed any offence whatsoever and the instant FIR has been registered with an ulterior motive to harass and humiliate them, hence, interference of this Court is warranted. 6. Per contra, learned Public Prosecutor submits that after through investigation in the instant matter, charge-sheet has been submitted against the accused petitioner No. 1 Manoj Kumar Thakur before the Court of Judicial Magistrate, Kishanganj on (3 of 3) [CRLMP-7160/2019] 02.12.2019. Counsel submits that prima facie case is made out against the aforesaid accused that is why charge-sheet has been submitted against him, hence interference of this Court is not warranted. 7. Heard and considered the submission made at bar and perused the material available on record. 8. The contents of impugned FIR and the allegations levelled therein reveal the commission of a cognizable offence against accused Manoj Kumar Thakur. The correctness of the allegations cannot be adjudicated by this Court at this stage. This task has been assigned to the Investigating Officer, who has already found the prima facie involvement of the accused petitioner No. 1 -Manoj Kumar Thakur that is why charge-sheet has been submitted against him for the offence under Sections 498-A and 406 IPC way back in the month of December, 2019 before the concerned Court. 9. This Court is not inclined to interfere in this petition and the present petition stands disposed of granting liberty to the petitioners to take all defence available and the grounds which have been taken before this Court at the appropriate stage of trial. 10. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/69