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2019 DAILYLAW 3201 (RAJ)

RAM KUMAR S/O SHRI VIJAY SINGH B/C THAKUR v. STATE OF RAJASTHAN

CRLMP/7117/2019 · 2026-03-25

Anoop Kumar Dhand

Transfer Petitionbody2019

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7117/2019 Ram Kumar S/o Shri Vijay Singh, aged about 21 Years, R/o Village Bhogipura, Police Station Bayana, Tehsil Bayana, District Bharatpur, Raj. ----Petitioner Versus 1. State of Rajasthan, Through PP. 2. Devi Singh S/o Late Shri Phool Singh, aged about 60 Years, R/o Village Saun, Police Station Kheragarh, District Agra, UP. ----Respondents For Petitioner(s) : Mr. Laxmi Kant Arya for Mr. Ali Mohammad Khan 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. 221/2019 registered with the Police Station Gandhi Nagar, Ajmer for the offences punishable under Sections 498-A, 304-B and 201 IPC. 2. Counsel for the petitioner pleaded no instructions. 3. Looking to the fact that instant petition is lying pending before this Court since 2019, this Court deems it just and proper to look into the contents of the instant petition and the grounds of challenge to decide the instant matter which is lying pending before this Court from last more than seven years. 4. Contents of the petition indicate that the petitioner has not committed any offence whatsoever and he has been falsely (2 of 2) [CRLMP-7117/2019] implicated in the said case. It has also been contended in the petition with regard to same incident other FIR No. 741/2019 has also been lodged with Police Station Bayana, District Bharatpur for the offences under Sections 304-B and 201 IPC. 5. This cannot be a ground for quashing the impugned FIR. Bare perusal of the allegations levelled against the accused in the impugned FIR reveals the commission of a cognizable office. The correctness of the same cannot be examined or adjudged by this Court under Section 482 Cr.P.C. Certainly this task has been assigned to the Investigating Officer. The investigation of both FIRs No. 221/2019 & 741/2019 can be conducted together after consolidating both FIRs by the Investigating Officer. 6. This Court deems it just and proper to dispose of the present petition, granting liberty to the petitioner to submit a representation before the DGP, who shall consider the same and pass appropriate orders for one investigation of both FIRs by the Investigating Officer, if the offence, incident and allegation in both FIRs is same and identical. 7. In case, after investigation charge-sheet has already been submitted against the petitioner, the petitioner would be at liberty to take all defence/grounds which have been taken before this Court, at the appropriate stage of the trial before the Trial Court. 8. Accordingly, the present petition stands disposed of. Stay application and all pending application (s) if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/7