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2020 DAILYLAW 781 (RAJ)

NAWAL KISHORE S/O SHRI LAKSHMINARAYAN v. STATE OF RAJASTHAN

CRLMP/3753/2020 · 2026-04-01

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. 3753/2020 1. Nawal Kishore S/o Shri Lakshminarayan, R/o Plot No. 03, Behind Geetanjali Tower, Madrampura, Sodala, Jaipur. 2. Bhupendra S/o Nawal Kishore, R/o Plot No. 03, Behind Geetanjali Tower, Madrampura, Sodala, Jaipur. 3. Sushila W/o Nawal Kishore, R/o Plot No. 03, Behind Geetanjali Tower, Madrampura, Sodala, Jaipur. 4. Deepesh S/o Nawal Kishore, R/o Plot No. 03, Behind Geetanjali Tower, Madrampura, Sodala, Jaipur. ----Petitioners Versus 1. State Of Rajasthan, Through Pp 2. Lalita Devi W/o Khemchand Tawar, R/o Plot No. 03, Behind Geetanjali Tower, Madrampura, Sodala, Jaipur. ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr.Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND Order 01/04/2026 1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned F.I.R. No.223/2020 registered at the Police Station Sodala, District Jaipur City (South) for the offences punishable under Sections 143, 323 & 341 I.P.C. 2. It has been contended in the instant petition that with regard to the same, proceedings under Sections 151, 107 & 116 Cr.P.C. were initiated before the Court of the Executive Magistrate & the Additional Deputy Commissioner of Police, Headquarters, District Jaipur (South) and these facts have not been disclosed in the (2 of 3) [CRLMP-3753/2020] instant F.I.R. It has also been averred in the instant petition that the accused has not committed any offence and he has been falsely implicated in the instant case on account of a property dispute between them, a prayer has been made to quash the proceedings arising out of the instant F.I.R., hence, under these circumstances, interference of this Court is warranted. 3. Per contra, learned Public Prosecutor opposed the prayer and submitted that after thorough investigation, prima facie case was found to be proved against the accused-persons, hence, charge- sheet has already been submitted against them under Sections 323, 341, 325, 504 & 34 IPC before the Court of Additional Chief Judicial Magistrate No.9, Jaipur Metropolitan-I. Counsel submits that 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. 5. The correctness of the allegations cannot be examined and adjudicated by this Court at this stage, while exercising inherent jurisdiction under Section 482 Cr.P.C., certainly, this task has been assigned to the Investigating Agency, who has already investigated the matter from all the four corners and charge-sheet has already been submitted against the accused persons for the above stated offence. 8. This Court deems it just and proper to dispose of the instant criminal misc. petition, granting liberty to the petitioner to take all available grounds and defence, which have been taken before this Court, at the appropriate stage of the trial. (3 of 3) [CRLMP-3753/2020] 9. 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. 10. The factual report dated 12.10.2015 furnished by the S.H.O. Police Station Sodala, District Jaipur (South) is ordered to be retained on record. (ANOOP KUMAR DHAND),J Aayush Sharma /33