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2021 DAILYLAW 2412 (RAJ)

MOHMMED YAKUB v. STATE OF RAJASTHAN

CRLW/1488/2021 · 2026-03-10

Anoop Kumar Dhand

body2021

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2591/2021 1. Salma Akhtar W/o Akhtar Husain, R/o House No. 1856, Chakki Ka Chowk, Geejgarh House, Mohalla Mahavatan, Ghatgate, Jaipur. 2. Akhtar Husain S/o Ahmed Husain, R/o House No. 1856, Chakki Ka Chowk, Geejgarh House, Mohalla Mahavatan, Ghatgate, Jaipur. 3. Jafar Akhtar S/o Akhtar Husain, R/o House No. 1856, Chakki Ka Chowk, Geejgarh House, Mohalla Mahavatan, Ghatgate, Jaipur. 4. Juber S/o Akhtar Husain, R/o House No. 1856, Chakki Ka Chowk, Geejgarh House, Mohalla Mahavatan, Ghatgate, Jaipur. ----Petitioners Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Mohammed Ikbal S/o Mohammed Yakoob, R/o House No. 1859, Chakki Ka Chowk, Mohalla Mahavatan, Ghatgate, Jaipur. ----Respondents Connected With S.B. Criminal Writ Petition No. 1488/2021 1. Mohmmed Yakub (deceased), Aged About 70 Years, R/o 1859 Mahawatan Ka Mohalla Behind Geejgarh House Chhakki Ka Chowk Topkhana Hazuri Ghat Gate Jaipur Raj. 1/1. Mohammed Yamin S/o Late Mohmmed Yakub, Aged About 70 Years, R/o 1859 Mahawatan Ka Mohalla Behind Geejgarh House Chhakki Ka Chowk Topkhana Hazuri Ghat Gate Jaipur Raj. 1/2. Mohmmed Farukh S/o Late Mohmmed Yakub, Aged About 65 Years, R/o 1859 Mahawatan Ka Mohalla Behind Geejgarh House Chhakki Ka Chowk Topkhana Hazuri Ghat Gate Jaipur Raj. 1/3. Mohmmed Ikbal S/o Late Mohmmed Yakub, Aged About 62 Years, R/o 1859 Mahawatan Ka Mohalla Behind Geejgarh House Chhakki Ka Chowk Topkhana Hazuri Ghat (2 of 4) [CRLMP-2591/2021] Gate Jaipur Raj. 1/4. Mohmmed Tahir S/o Late Mohmmed Yakub, Aged About 55 Years, R/o 1859 Mahawatan Ka Mohalla Behind Geejgarh House Chhakki Ka Chowk Topkhana Hazuri Ghat Gate Jaipur Raj. 1/5. Naseen D/o Late Mohmmed Yakub W/o Saied Ahmed, Aged About 52 Years, R/o D-164 Indra Colony Niwai Dist. Tonk Raj. ----Petitioners Versus 1. State of Rajasthan, Through PP Raj. High Court Jaipur Bench Jaipur 2. Salma Akhtar W/o Akhtar Husaina, R/o 1856 Chhakki Ka Chowk Geejgarh House Mohall Mahawatan Ghat Gate Jaipur Raj. 3. Akhtar Husain S/o Ahmed Husain, R/o 1856 Chakki Ka Chowk Geejgarh House Mohall Mahawatan Ghat Gate Jaipur Raj. 4. Nagar Nigam Lal Kothi Jaipur, Through its Secretary Nagar Nigam Jaipur Heritage Opp. Hawamahal Jaipur Raj. 5. Commissioner, Zone Hawamahal (East) Nagar Nigam Nigam Jaipur Heritage Opp. Hawamahal Jaipur Raj. 6. Director General of Police, P.H.Q. Lal Kothi Jaipur 7. Deputy Commissioner of Police (North), Police Commissionerate Jaipur 8. S.H.O., P.S Ramganj Jaipur ----Respondents For Petitioner(s) : Mr. Mohammed Anees For Respondent(s) : Mr. Vivek Choudhary-PP Mr. D.D.Khandelwal (petitioner in CRL.W. No. 1488/2021) JUSTICE ANOOP KUMAR DHAND Order 10/03/2026 (3 of 4) [CRLMP-2591/2021] 1. By way of filing these petitions, the accused as well as the complainants have separately approached this Court seeking appropriate orders with regard to the FIR in question i.e. FIR No. 43/2021 registered with Police Station Ramganj, Jaipur City (North) for the offence under Sections 120-B, 420, 467, 468 and 471 IPC. In S.B. Criminal Misc. Petition No. 2591/2021 2. The accused-petitioners have approached this Court for quashing the aforesaid FIR. 3. At the outset, learned Public Prosecutor has apprised this Court that after investigation in the matter, the Police has submitted the Final Report (Negative), by treating the dispute as as civil nature, before the Competent Court of Law. Hence, under these circumstances, the petition has become infructuous. 4. Considering the above, no further cause of action survives with the petitioners to continue with the S.B. Criminal Misc. Petition No. 2591/2021 and the same is dismissed as having become infrucutous. In S.B. Criminal Writ Petition No. 1488/2021 5. The instant petition has been submitted by the complainant- petitioner before this Court with multiple prayers including issuing direction to the Investigating Agency for conducting fair and impartial investigation in the aforesaid FIR. 6. Once the Final Report (Negative) has been submitted before the Competent Court of law, this Court cannot issue such direction as sought in the instant petition. The complainant-petitioners would be at liberty to avail the remedies available under the law, (4 of 4) [CRLMP-2591/2021] at the appropriate stage before the Competent Court of Law. Hence, under these circumstances, the instant petition also stands dismissed as rendered infructuous. 7. However, it is expected from the concerned Court/Authority to pass appropriate orders on the basis of the evidence available on record, strictly in accordance with law, without being influenced by any of the observations made by this Court in either of the proceedings. 8. Stay applications and all pending application(s), if any, also stand dismissed. (ANOOP KUMAR DHAND),J Ashu/49-50