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2020 DAILYLAW 750 (RAJ)

ROHIT KANODIA S/O LATE SHRI SURANDRA KUMAR KANODIA v. STATE OF RAJASTHAN

CRLMP/659/2020 · 2026-03-18

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. 659/2020 1. Rohit Kanodia S/o Late Shri Surandra Kumar Kanodia, Aged About 49 Years, R/o 501, Gokul Dham, Ist, B.k. Kaul Nagar, Ajmer. 2. Nitin Kanodia S/o Late Shri Surandra Kumar Kanodia, Aged About 47 Years, R/o 501, Gokul Dham, Ist, B.k. Kaul Nagar, Ajmer. ----Petitioners Versus State Of Rajasthan, Through PP. ----Respondent For Petitioner(s) : Mr. Mohit Balwada For Respondent(s) : Mr. Vivek Choudhary, PP JUSTICE ANOOP KUMAR DHAND Order 18/03/2026 1. By way of filing the instant criminal misc. petition, a challenge has been led to impugned FIR No.15/2020 registered with Police Station Clock Tower, District Ajmer for the offences under Sections 143, 323, 327, 384, 452 and 120-B IPC along with offence under Sections 3 and 25 of the Arms Act. 2. Learned counsel for the petitioners submits that the petitioner has not committed any offence whatsoever, even then, the petitioners have been falsely booked in the instant case, hence, interference of this Court is warranted. 3. Per contra, learned Public Prosecutor opposes the prayer and submits that after thorough investigation in the matter, prima facie case was found to be proved against the petitioners and (2 of 2) [CRLMP-659/2020] accordingly, charge-sheet has been submitted against them before the concerned Court, where charges have been framed and now the case is at the stage of recording of prosecution evidence, hence, 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 contents of the FIR and the allegations levelled therein reveal commission of cognizable offence. This Court cannot adjudge the correctness of allegations while exercising its inherent jurisdiction contained under Section 482 Cr.P.C. 6. In the considered opinion of this Court, the petitioners can take all the grounds, which have been taken before this Court, at the appropriate stage of the trial. 7. With the aforesaid observations, the instant criminal misc. petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/14