YOGESH S/O RAJENDRA PRASAD @ CHHAJURAM v. STATE OF RAJASTHAN
CRLMP/17/2020 · 2026-04-07
Anoop Kumar Dhand
body2020
DailyLaw.ai
[ 2020 DAILYLAW 753 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2020 DAILYLAW 753 (RAJ) · dailylaw.ai ]
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.17/2020
1. Yogesh S/o Rajendra Prasad @ Chhajuram, R/o Village Biharisar, PS Thanagazi, Tehsil Thanagazi, District Alwar.
2. Gordhan Lal @ Rambharose S/o Ramrichhpal, R/o Village Biharisar, PS Thanagazi, Tehsil Thanagazi, District Alwar.
3. Mohan Lal S/o Rajendra Prasad, R/o Village Biharisar, PS Thanagazi, Tehsil Thanagazi, District Alwar.
4. Rahul S/o Leelaram, R/o Village Biharisar, PS Thanagazi, Tehsil Thanagazi, District Alwar.
5. Kaluram S/o Hanuman Sahai, R/o Village Biharisar, PS Thanagazi, Tehsil Thanagazi, District Alwar.
6. Gajanand S/o Ramkaran, R/o Village Biharisar, PS Thanagazi, Tehsil Thanagazi, District Alwar.
7. Jeetu S/o Mamraj, R/o Village Biharisar, PS Thanagazi, Tehsil Thanagazi, District Alwar.
8. Leelaram S/o Rameshwar, R/o Village Biharisar, PS Thanagazi, Tehsil Thanagazi, District Alwar.
9. Khyaliram S/o Budharam, R/o Village Biharisar, PS Thanagazi, Tehsil Thanagazi, District Alwar.
10. Chhajuram @ Rajendra S/o Dhudaram, R/o Village Biharisar, PS Thanagazi, Tehsil Thanagazi, District Alwar. ----Petitioners Versus
1. State of Rajasthan, through PP.
2. Kavita Devi W/o Sunil Kumar, R/o Village Biharisar, PS Thanagazi, Tehsil Thanagazi, District Alwar. ----Respondents For Petitioner(s) : Mr.Kailash Chand Sharma For Respondent(s) : Mr.Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND
Order 07/04/2026
(2 of 3) [CRLMP-17/2020]
1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned F.I.R. No.153/2018 registered at the Police Station Thanagazi, District Alwar for the offences punishable under Sections 147, 323, 341, 342, 354, 452 & 326 I.P.C. and a prayer has also been made to quash the entire proceeding/ investigation in relation to the aforesaid F.I.R.
2.
Learned counsel for the petitioners submits that prior to lodging of the impugned F.I.R., a complaint was submitted by the complainant before the Court wherein allegation has been levelled against the petitioners that he chewed the thumb of the injured/ victim, but when the aforesaid complaint was submitted before the concerned Court by the complainant, then, the instant F.I.R. has been registered with an additional allegation that the thumb was cut by a sharp edged weapon. Counsel submits that in fact, no such incident has occurred, the petitioners were called for the purpose of settlement between the parties but they were confined in a room and after a concocting a false story, the impugned F.I.R. has been lodged, hence, under these circumstances, interference of this Court is warranted.
3. Per contra, learned Public Prosecutor opposed the aforesaid prayer and submits that after investigation in the instant matter, the alleged offence has found to be prima facie proved against the petitioners and charge-sheet has been submitted before the concerned Court, hence, under these circumstances, interference of this Court is not warranted and the instant petition is liable to be rejected.
4. Heard and considered the submissions made at the Bar and perused the material available on record.
(3 of 3) [CRLMP-17/2020]
5. The correctness of allegations cannot be adjudicated and adjudged by this Court, while exercising inherent jurisdiction contained under Section 482 Cr.P.C., as certainly, this task has been assigned to the Investigating Officer, who has already found a prima facie case proved against the petitioners and charge-sheet has been submitted against them.
6. If at all there is any contradiction with regard to causing the injuries by teeth or a sharp edged weapon, this fact would be appreciated by the Trial Court, at the appropriate stage of the trial and the petitioners would be at liberty to take all the available defence taken before this Court at the appropriate stage of the trial.
7. With the aforesaid observation and direction, the instant petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of.
(ANOOP KUMAR DHAND),J Aayush Sharma/62