HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 570/2022 Manoj Sharma S/o Shri Moti Lal Chotiya, aged about 35 Years, R/o House No. 60, Trupati Vihar, Benar Road, Jhotwara, Jaipur (Raj). ----Petitioner Versus 1. State of Rajasthan, through Public Prosecutor. 2. The Commissioner of Police, Police Commissionerate, Jaipur Metropolitan (Raj). 3. The Station House Officer, Police Station Karghani, Jaipur (West), Jaipur (Raj). 4. The Station House Officer, Police Station Shiprapath, Jaipur (South), Jaipur (Raj). 5. Jagdish Prasad Meena S/o Late Shri Gorishankar Sharma, At Present Resident Of Village Dholiya, Tehsil Ladnu PS Jaswantgarh, District Nagaur (Rajasthan). ----Respondents For Petitioner(s) : Mr.Kshitiz Sharma & Mr.Pranav Pareek for Mr.Anoop Pareek For Respondent(s) : Mr.Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND Order 25/03/2026 1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned F.I.R. No.349/2021 registered at the Police Station Kardhani, District Jaipur (West) for the offences punishable under Sections 498-A, 406, 384, 302 & 120-B I.P.C. 2. Learned counsel for the petitioner submits that the marriage of the petitioner was solemnized with the deceased daughter of (2 of 3) [CRLMP-570/2022] the complainant-respondent 13 years back, i.e., in the year 2008 and there was no complaint/ allegation whatsoever alleging that the petitioner harassed the deceased. Counsel submits that an unfortunate incident occurred on 04.03.2021, where the deceased had consumed poison, the daughter of the petitioner and the deceased saw her consuming the same, thereafter, the deceased was taken to the hospital and has provided treatment in three different hospitals by the petitioner, but unfortunately, she passed away on 07.03.2021. Counsel submits that after a delay of more than 45 days, the instant F.I.R. has been lodged with vague allegations including allegation in relation to dowry and harassment. Counsel submits that there is no evidence of abetment against the petitioner indicating that he ever instigated or abetted the deceased to commit suicide even then, the Police is bent upon to charge-sheet him for the above stated offence. Counsel submits that even though the proceedings were initiated against the petitioner under Section 174 Cr.P.C. before the Executing Magistrate, however, there were no such allegations levelled by the complainant against the petitioner, as per the investigation report of the Executive Magistrate, the involvement of the petitioner was not found, hence, interference of this Court is warranted. 4. Per contra, learned Public Prosecutor opposes the prayer raised by counsel for the petitioner and submits that after investigation, the involvement of the petitioner has been found prima facie found, but because of the interim order passed by this Court, the charge-sheet could not be submitted. Counsel submits (3 of 3) [CRLMP-570/2022] that there is a prima facie case against the petitioner, hence, interference of this Court is not warranted and the instant petition is liable to be rejected. 5. Heard and considered the submissions made at the Bar and perused the material available on record. 6. The contents of the allegations levelled in the impugned F.I.R. reveals commission of cognizable offence, the correctness of the allegations cannot be examined and adjudicated by this Court at this stage, while exercising its inherent jurisdiction contained under Section 482 Cr.P.C. Certainly, this task has been assigned to the Investigating Agency, who has already investigated the matter and found the prima facie role of the petitioner for the above stated offences. 6. In view of the above, this Court deems it just and proper to dispose of the instant petition granting liberty to the petitioner to take all these grounds and all available defence before the Trial Court at the appropriate stage of the trial 7. With the aforesaid observation, the instant criminal misc. petition stands disposed of. 8. Interim order passed by this Court dated 04.12.2023 stands vacated. 9. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /16