HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3362/2021 Moinuddin Shah S/o Shri Munna Shah, Aged About 23 Years, R/o Moti Nagar, Khairda, Sawaimadhopur. ----Petitioner Versus 1. State Of Rajasthan, Through P.P. 2. The SHO, Police Station Karwar, District Bundi. 3. Victim ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. Vivek Choudhary, PP JUSTICE ANOOP KUMAR DHAND Order 18/03/2026 1. By way of filing the instant criminal misc. petition, a challenge has been led to impugned FIR No.56/2020, registered with Police Station Karwar, District Bundi for the offences under Sections 354-D, 500 and 501 IPC. 2. It has been averred in the petition that the petitioner has not committed any offence whatsoever, even then, he has been falsely booked in the instant case, hence, interference of this Court is warranted. 3. Per contra, learned Public Prosecutor opposed the prayer and submitted that after thorough investigation in the matter, a prima facie case has been found to be proved against the petitioner for the above stated offences. The charge-sheet could not be submitted before the concerned Court as the petitioner is willfully (2 of 3) [CRLMP-3362/2021] not appearing before the Investigating Officer citing reference of pendency of the instant petition before this Court. Counsel submits that under these circumstances, interference of this Court is not warranted. 4. Heard and considered the submissions made at the Bar and perused the material available on the record. 5. Perusal of the impugned FIR and the allegations levelled therein, reveal commission of cognizable offence. The correctness of the allegations cannot be examined by this Court at this stage while exercising its jurisdiction contained under Section 482 Cr.P.C. Certainly, this task has been assigned to the Investigation Officer. 6. Looking to the fact that an interim order has been passed by the Co-ordinate Bench of this Court on 15.09.2021 in favour of the petitioner granting him liberty to submit a representation before the Investigating Officer within a period of seven days from the date of the interim order and interim protection was also granted in his favour for that period. Investigating Officer was further directed to make fair and impartial investigation and submit the report of conclusion of investigation before the Concerned Court. 7. It appears that even after passing of the aforesaid order, the petitioner has not appeared before the Investigating Officer and has not submitted any representation in compliance of the aforesaid order. The only object of the petitioner is to delay the investigation, so that the conclusion report would not be submitted by the Investigating Officer before the concerned Court, that is why, in-spite of repeated calls from the Investigating Officer, the petitioner has failed to appear before him. (3 of 3) [CRLMP-3362/2021] 8. Considering the overall facts and circumstances of the case, the instant criminal misc. petition stands disposed of granting liberty to the petitioner to take all grounds, which have been taken before this Court at the appropriate stage of the trial. 9. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/17