Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 8415/2022
1. Ajit S/o Bhagwan, aged about 34 Years, R/o Khudiyana, Police Station Bahtu Kalan (Devi Dholagarh) District Alwar (Raj.)
2. Rajendra @ Raju S/o Bhagwan, aged about 36 Years, R/o Khudiyana, Police Station Bahtu Kalan (Devi Dholagarh) District Alwar (Raj.)
3. Sunita W/o Rajendra @ Raju, aged about 30 Years, R/o Khudiyana, Police Station Bahtu Kalan (Devi Dholagarh) District Alwar (Raj.)
4. Savita W/o Ajit, aged about 29 Years, R/o Khudiyana, Po- lice Station Bahtu Kalan (Devi Dholagarh) District Alwar (Raj.)
5. Ajiram S/o Khyali, aged about 70 Years, R/o Khudiyana, Police Station Bahtu Kalan (Devi Dholagarh) District Alwar (Raj.) ----Petitioners Versus
1. State of Rajasthan, through PP
2. Victim ----Respondents For Petitioner(s) : Mr.K. L. Khan for Mr.Girish Khandelwal For Respondent(s) : Mr.Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND
Order 14/05/2026
1. The instant misc. petition is 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
(2 of 3) [CRLMP-8415/2022] 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, 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. By way of filing the instant criminal misc. petition, a prayer has been made to quash the impugned F.I.R. No.121/2021, registered with Police Station Bahtu Kalan (Devi Dholagarh), District Alwar for the offences punishable under Sections 143, 323, 341, 376, 511 & 379 IPC.
4.
Learned counsel for the petitioners submits that in fact the complainant-party was the assailant, brutally beaten the petitioner No.3 for which a cross F.I.R. was registered against them and in counter-blast to the aforesaid incident, the instant F.I.R with false and fabricated allegations has been lodged against the petitioners. Counsel submits that, hence, under these circumstances, interference of this Court is warranted.
5. Per contra, learned Public Prosecutor opposes the prayer and submits that after investigation in the instant matter, charge-sheet has already been submitted against the accused Ajit Singh, Rajendra, Ajiram, Savita and Sunita, for the offences under Sections 147, 148, 149, 323, 341, 325 & 452 IPC on 24.03.2023 before the Court of Metropolitan Judicial Magistrate, Kathumar.
(3 of 3) [CRLMP-8415/2022] Hence, under these circumstances, interference of this Court is not warranted.
6. Heard and considered the submissions made at the Bar and perused the material available on record.
7. Perusal of the allegations levelled in the impugned F.I.R. reveals commission of cognizable offence and the correctness of the allegations cannot be examined and adjudged by this Court while exercising inherent powers contained under Section 482 Cr.P.C. This Court cannot conduct fishing and roving enquiry to find out the truth behind the allegations levelled against the petitioners. Certainly, this task has been assigned to the Investigating Officer, who has thoroughly investigated the matter and submitted charge-sheet against the petitioners by finding a prima facie case against them on 24.03.2023. Hence, under these circumstances, this Court is not inclined to accept this petition as well as the prayer made therein.
8. Accordingly, the instant criminal misc. petition is liable to be and is hereby rejected. Stay application as well as all pending applications, if any, stand disposed of.
9. However, the petitioners would be at liberty to take all available defence at the appropriate stage of the trial before the Trial Court.
(ANOOP KUMAR DHAND),J Aayush Sharma /8