HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3668/2020 Mata Prasad @ Mataieya S/o Bharat Singh, R/o Village Kasimpur, Ps Sadar, Dholpur, Dist Dholpur, Raj. ----Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr.Dinesh Kumar Garg For Respondent(s) : Mr.Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND Order 28/03/2026 1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned order dated 28.07.2020 passed by the Court of Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Dholpur in Criminal Revision Petition No.14/2020 by which the order dated 05.02.2020 passed by the Court of Judicial Magistrate No.1, Dholpur in Criminal Case No.4844/2019, wherein the learned Magistrate has framed charges against the petitioner under Sections 19 & 54 of the Excise Act, has been rejected. 2. Learned counsel for the petitioner submits that the petitioner has not committed any offence whatsoever and has been falsely implicated in the instant case, as no illicit recovery has been made at the instance of the petitioner. Counsel submit that without there being any evidence against the petitioner, charges have been (2 of 2) [CRLMP-3668/2020] framed against him for the above stated offences, hence, interference of this Court is warranted. 3. Per contra, learned Public Prosecutor opposes the prayer made by counsel for the petitioner. 4. Heard and considered the submissions made at the Bar and perused the material available on record. 5. This Court has perused the impugned orders passed by the Courts below as well as the material available on the record, which reveals commission of cognizable offence and the correctness of the allegations cannot be adjudged and examined by this Court at this stage, by way of entertaining the instant petition under Section 482 Cr.P.C. against framing of charge. 6. It is the settled proposition of law that charges can be framed against any accused merely on the basis of suspicion & evidence of the accused and the correctness of the allegations against the accused is not liable to be examined at this stage. 7. In the considered opinion of this Court, whatever grounds or the defence of the accused, which have been taken before this Court, can be looked into and appreciated by the Trial Court at the appropriate stage of the trial. 8. 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 /24