HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7183/2021 Sajid S/o Shri Aziz, aged about 31 Years, R/o Village Seshan, Police Station Jurhara, Tehsil Pahadi, District Bharatpur (Raj). ----Petitioner Versus 1. State of Rajasthan, through P.P. 2. Subhash S/o Shri Bhikharam, R/o Rava, Police Station Khetri, District Jhunjhunu (Raj). At Present Manager Factory, Plot No. H1-726, Khushkheda, Police Station Tapukara, District Alwar (Raj). ----Respondents For Petitioner(s) : Mr.Ram Babu Sharma For Respondent(s) : Mr.Vivek Choudhary, PP JUSTICE ANOOP KUMAR DHAND Order 24/03/2026 1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned F.I.R. No.211/2012 registered at the Police Station Tapukara, District Alwar for the offences registered under Section 395 I.P.C. 2. Learned counsel for the petitioner submits that the petitioner has no concern whatsoever with the alleged incident. In fact, during the course of investigation, when the co-accused was arrested, an information was provided by him under Section 27 of the Evidence Act, wherein he disclosed the name of one Sajid S/o Jaikam R/o Seshan Ka Baas about his involvement in the alleged incident. (2 of 3) [CRLMP-7183/2021] 3. Counsel further submits that father’s name and name of the village of the petitioner is altogether different with the name of father and the village of the accused Sajid S/o Jaikam. In fact, name of father of the petitioner is Aziz and he is a resident of Seshan not Seshan Ka Baas, but in spite of above, the Police is bent upon to implicate the petitioner in the aforesaid F.I.R. Hence, interference of this Court is warranted. 4. Per contra, learned Public Prosecutor opposed the prayer raised by counsel for the petitioner and apprised this Court that after investigation, Police found involvement of the accused Sajid and Arif for committing the offence under Sections 395, 397 & 458 I.P.C. and since both the accused persons are absconding, their arrest warrants under Section 37 of the Police Act have been obtained and various efforts have been made to trace them but since they were not traceable, standing arrest warrants have been issued against them and orders have been obtained from the higher Police Officials to submit the charge-sheet against them under Section 299 Cr.P.C. 5. The correctness of the allegations and the information so provided by the co-accused person regarding involvement of Sajid cannot be examined and adjudicated by this Court and certainly, this task has been assigned to the Investigating Agency. 6. In view of the matter, the instant petition stands disposed of grating liberty to the petitioner to take all the objections, which have been taken in the present misc. petition, before the concerned Court, where the charge-sheet has been submitted against him. (3 of 3) [CRLMP-7183/2021] 7. Accordingly, the instant criminal misc. petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush-Shivam/11