SURYAPAL YADAV S/O SHRI UDAYPAL YADAV v. STATE OF RAJASTHAN
CRLMP/6364/2020 · 2026-04-17
Anoop Kumar Dhand
body2020
DailyLaw.ai
[ 2020 DAILYLAW 782 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2020 DAILYLAW 782 (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. 6364/2020 Suryapal Yadav S/o Shri Udaypal Yadav, aged about 26 Years, Resident of Plot No. 47, Ashutosh Nagar, Indra Colony, Chomu, P/s Chomu, District Jaipur, Rajasthan. ----Petitioner Versus
1. State of Rajasthan, Through P.P.
2. Ayush Natani S/o Chandra Prakash Natani, Resident of A-4, Malsisar House, Station Road, Jaipur, P/s Sindhi Camp, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : None For Respondent(s) : Mr. N.S.Dhakar-PP JUSTICE ANOOP KUMAR DHAND Order 17/04/2026
1. By way of filing the instant criminal misc. petition, a prayer has been made to quash the impugned FIR No. 381/2018 registered with the Police Station Bajaj Nagar, Jaipur City (East) for the offences punishable under Sections 323, 341, 427 and 379 IPC. 2. None present on behalf of the petitioner. Even on last occasion also when the matter was listed before this Court, none appeared on behalf of the petitioner. 3. Looking to the fact that the instant criminal misc. petition is pending before this Court since 2020 and the impugned FIR pertains to the year 2018, this Court deems it just and proper to look into the facts and grounds which reveals that the petitioner has not committed any offence and he has been falsely implicated in the impugned FIR by the complainant to humiliate and harass
(2 of 2) [CRLMP-6364/2020] him. Hence, a prayer has been made to quash the entire proceedings arising out of the impugned FIR. 4. Per contra, learned Public Prosecutor opposes the prayer made in this petition and submits that after through investigation in the instant matter, charge-sheet has already been submitted against the petitioner on 17.09.2021 by finding a prima facie case against the petitioner for the above stated offences, hence interference of this Court is not warranted. 5. Heard and considered the submissions made at Bar and perused the material available on record. 6. The allegations levelled in the impugned FIR reveal commission of cognizable offence. The correctness of the allegations cannot be examined or adjudged by this Court while exercising its inherent jurisdiction under Section 482 Cr.P.C. Certainly, this task has been assigned to the Investigating Officer, who has thoroughly investigated the matter and has found prima facie case against the petitioner and submitted charge-sheet against the petitioner. 7.
Considering the above facts and circumstances of the case, this Court deems it just and proper to dispose of the instant misc. petition granting liberty to the petitioner to take all the grounds and all available defences which have been taken before this Court, at the appropriate stage of the trial before the Trial Court. 8. With the aforesaid observations, the instant criminal misc. petition stands disposed of. Stay application as well as all pending applications, if any, stand disposed of. (ANOOP KUMAR DHAND),J Ashu/74