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2020 DAILYLAW 752 (RAJ)

VISHAL S/O SRICHAND MEENA v. STATE OF RAJASTHAN

CRLMP/4764/2020 · 2026-03-16

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. 4764/2020 Vishal S/o Srichand Meena, age about 18 Years, R/o Village Kherli Kalan, District Sawai Madhopur, Presently Residing at Ambedkar Colony, Police Station Mantown, District Sawai Madhopur. ----Petitioner Versus 1. State of Rajasthan, Through Public Prosecutor. 2. Satya Narayan S/o Shri Gori Lal, R/o Bahrawanda Khurd, Police Station Khandar, District Sawai Madhopur (Raj.) ----Respondents For Petitioner(s) : None For Respondent(s) : Mr. Narendra Singh Dhakar-PP JUSTICE ANOOP KUMAR DHAND Order 16/03/2026 1. By way of filing the instant petition, a prayer has been made for quashing the impugned FIR No. 83/2019 registered with the Police Station Mahila Thana Sawai Madhopur, District Sawai Madhopur for the offences under Sections 354, 354(A), 354(D) and 384 of IPC. 2. It has been averred in the instant petition that the petitioner has not committed any offence whatsoever but he has been falsely implicated in this case, therefore, interference of this Court is warranted. 3. Per contra, learned Public Prosecutor opposed the prayer made in the petition. (2 of 2) [CRLMP-4764/2020] 4. Heard and considered the submissions made at Bar and perused the material available on record. 5. Bare reading of the impugned FIR and the allegations levelled therein reveal that a cognizable offence is made out against the petitioner. The correctness of the allegations levelled against the petitioner in the impugned FIR, is not required to be adjudged by this Court at this stage while exercising its inherent powers contained under Section 482 Cr.P.C. Certainly this task has been assigned to the Investigating Officer. 6 However, the petitioner would be at liberty to submit a representation before the Investigating Officer if the investigation is still lying pending. In case, such representation is submitted by the petitioner before the Investigating Officer, it is expected from the Investigating Officer to look into the same and in case, the involvement of the petitioner is found to be proved then a notice under Section 41-A Cr.P.C. be given to the petitioner. In case, charge sheet has been submitted then the petitioner would be at liberty to take all available grounds and defence at the appropriate stage of the trial. 7. Accordingly, the instant petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/14