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2020 DAILYLAW 777 (RAJ)

NARESH @ ALU YADAV S/O SHRI JAGGARAM @ JAGRAM v. STATE OF RAJASTHAN

CRLMP/3272/2020 · 2026-03-24

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. 3272/2020 Naresh @ Alu Yadav S/o Shri Jaggaram @ Jagram, R/o Rampura Bega Ki Nangal, Neemkathana, Patan, Dist. Sikar, Raj. ----Petitioner Versus 1. State of Rajasthan, through PP 2. Subhash Gurjar S/o Shri Nathuram, R/o Rela, Tehsil Patan, Dist. Sikar, Raj. ----Respondents For Petitioner(s) : Mr.Manoj Kumar for Mr.Mahendra Kumar Naharwal For Respondent(s) : Mr.Vivek Choudhary, PP JUSTICE ANOOP KUMAR DHAND Order 24/03/2026 1. By way of filing the instant criminal misc. petition, a prayer has been made for quashing the F.I.R. No.186/2019 registered at Police Station Patan, District Sikar for the offences registered under Sections 302 and 34 IPC. 2. It has been stated in the grounds of the instant petition that he is innocent and he is not committed any offence whatsoever and in spite of this, he has been falsely implicated in the instant case, hence, interference of this Court is warranted. 3. Per contra, learned Public Prosecutor opposed the prayer. 4. Perusal of the F.I.R. as well as the charge-sheet submitted against the petitioner reveals that allegations of commission of cognizable offence have been levelled against him and the correctness of the allegations with regard to innocence of the (2 of 2) [CRLMP-3272/2020] petitioner in connection with the impugned F.I.R. cannot be examined and adjudicated by this Court at this stage while exercising its inherent jurisdiction contained under Section 482 Cr.P.C. Certainly this task has been assigned to the Investigating Agency. 5. After thorough investigation in the instant matter, Police has already submitted charge-sheet against the petitioner along-with the co-accused persons way back in the year 2019 itself, now, the trial is in process. 6. This Court deems it just and proper to dispose of the instant petition granting liberty to the petitioner to take all available defence/ grounds, which have been taken before this Court in the instant petition, at the appropriate stage of the trial. 7. Accordingly, the instant criminal misc. petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /6