Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1889/2021
1. Hariom Sharma Son of Shri Omprakash Sharma, Aged About 32 Years, Resident of Murbara Colony, Police Station Sewar, District Bharatpur (Raj). 2. Guddi Devi Sharma Wife of Shri Omprakash Sharma, Aged About 58 Years, Resident of Murbara Colony, Police Station Sewar, District Bharatpur (Raj). 3. Omprakash Sharma Son of Shri Babulal Sharma, Aged About 59 Years, Resident of Murbara Colony, Police Station Sewar, District Bharatpur (Raj). ----Petitioners Versus
1. State of Rajasthan, Through P.P
2. Ramjilal Son of Pratholi, aged about 55 Years, Resident of Murwara, Police Station Sewar, District Bharatpur (Raj). ----Respondents Connected With S.B. Criminal Writ Petition No. 439/2020 Ushma D/o Ramji Lal, Aged About 19 Years, R/o Murbara Colony, Ps Sewar, Bharatpur, Raj. ----Petitioner Versus
1. State of Rajasthan, Through Principal Secretary (Home), Government of Rajasthan, Government Secretariat, Jaipur
2. Director General of Police, Rajasthan, Lalkothi, Jaipur
3. Inspector General of Police, Range Bharatpur, Bharatpur, Raj. 4. Superintendent of Police, Bharatpur, Raj. 5. Sho, Police Station Sewar, Bharatpur, Raj. 6. Mohan Singh, Asst. Sub Inspector of Police, Posted At Police Station Sewar, Bharatpur, Raj. 7. Manvendra, Police Constable, Posted At Police Station, Sewar, Bharatpur, Raj. (2 of 5) [CRLMP-1889/2021] ----Respondents S.B. Criminal Writ Petition No. 186/2021 Hariom Sharma S/o Om Prakash Sharma, Aged About 40 Years, R/o Murwara Colony Ps Sewar Dist. Bharatpur ----Petitioner Versus
1. State of Rajasthan, Through Principal Secretary Department of Home Govt. of Raj. Govt. Secretariat Jaipur
2. Director General of Police, Raj. Jaipur
3. Superintendent of Police, Bharatpur
4. S.H.O., Ps Sewar Bharatpur
5. Manvendra Singh Constable (IO), Ps Sewar Bharatpur
6. Mohan Singh ASI (IO), Ps Sewar Bharatpur ----Respondents For Petitioner(s) : Mr. Rajveer Singh Mr. B.R.Rana For Respondent(s) : Mr. Jitendra Singh Rathore-PP JUSTICE ANOOP KUMAR DHAND Order 06/04/2026
1. The instant misc. petitions are listed before this Court in pursuance of the directions issued by the Hon’ble Apex Court in the case of Vijay Kumar and Ors. Vs.
State of Rajasthan (Petition for Special Leave to Appeal (Crl.) No. 773/2026, decided on 15.01.2026), wherein the Hon’ble Apex Court observed that in various matters, interim orders have been passed in criminal revision petitions and petitions filed under Section 482 Cr.P.C., as a result of which trial relating to serious offences such as murder,
(3 of 5) [CRLMP-1889/2021] rape, dacoity, dowry death, etc., could not proceed and remained stalled/held up due to the passage of considerable time. 2. Directions have been issued to this Court and other High Courts to take up such like matters which are pending since long, on priority and decide the same expeditiously without deferring the hearings to subsequent dates. 3. Since all these petitions are arising out of the same impugned FIR No. 169/2020, registered with the Police Station Sewar, District Bharatpur for the offences punishable under Sections 363, 366, 376, 344 and 120- B IPC and under Sections 5(L), 6, 17 and 18 of the POCSO Act,2012, hence the same are decided by this common order. 4. The S.B. Criminal Misc. petition No. 1889/2020 has been submitted by the accused petitioners for quashing the impugned FIR, while the S.B.Criminal Writ Petition No. 439/2020 has been submitted by the victim-Ushma for taking action against the private respondents for causing offence against her at Police Station, Sewar Bharatpur and the S.B. Criminal Writ Petition No. 186/2021 has been submitted by the petitioner-Hariom Sharma for taking action against the private respondents for illegal torture and inhuman treatment against him. 5. At the outset, learned Public Prosecutor apprised this Court that after thorough investigation in the instant FIR, the police has submitted the Final Report (Negative) dated 20.06.2022 before the Special Judge, POCSO Cases No. 12, Bharatpur on 11.01.2023 and the same has already been accepted by the competent Court on 13.01.2023. Hence, under the changed circumstances, all these petitions have been rendered infructuous. (4 of 5) [CRLMP-1889/2021]
6.
Counsel appearing on behalf of the victim as well as informant/complaint Ushma and Hariom Sharma submit that not only offence of outraging the modesty of Ushma was committed by the private respondents but also the petitioner-Hariom Sharma was illegally detained by the private respondents and the petitioner-Usma was humiliated at Police Station Sewar, Bharatpur hence, under these circumstances, appropriate action is required to be taken against the private respondents. 7. Heard and considered the submissions made at Bar and perused the material available on record. 8. Considering the factual aspect of the matter that FIR No. 169/2020 registered with the Police Station, Sewar, Bharatpur has resulted in Final Report (Negative) and the same has been accepted by the Special Judge, POCSO Cases No. 02, Bharatpur on 13.01.2023, under these circumstances, no orders can be passed by this Court as all these petitions have become infrcutuous. 9. Considering the above, these petitions are dismissed as rendered infructuous. Stay applications and all pending application(s), if any, also stand dismissed. 10. However, a liberty is granted to the victim-Ushma and Hariom Sharma to submit appropriate application before the concerned Court or before the Higher Revisional Authority to assail the validity of the order dated 13.01.2023 passed by the Special Judge, POCSO Cases NO. 2, Bharatpur for redressal of their grievance. In case, such application/petition is submitted by them within a period of four weeks from today, it is expected from the Court concerned to decide the same, expeditiously as early as
(5 of 5) [CRLMP-1889/2021] possible, after providing due opportunity of hearing to all the concerned, ignoring the period of limitation. (ANOOP KUMAR DHAND),J Ashu/2-4