HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 169/2023 1. Najruddin S/o Hoshiyar Khan, R/o Kunder, P.S. Uchchain, District Bharatpur (Raj). 2. Aamir S/o Anwar, R/o Kunder, P.S. Uchchain, District Bharatpur (Raj). 3. Idreesh S/o Taiyab Khan, R/o Kunder, P.S. Uchchain, District Bharatpur (Raj). 4. Ajruddin S/o Ali Khan, R/o Kunder, P.S. Uchchain, District Bharatpur (Raj). 5. Saddam S/o Ali Khan, R/o Kunder, P.S. Uchchain, District Bharatpur (Raj). 6. Aarif S/o Gabruddin, R/o Kunder, P.S. Uchchain, District Bharatpur (Raj). 7. Taiyyab S/o Naththan, R/o Kunder, P.S. Uchchain, District Bharatpur (Raj). 8. Nasruddin S/o Hishiyar Khan, R/o Kunder, P.S. Uchchain, District Bharatpur (Raj). 9. Arman S/o Najruddin, aged about 16 Years, Minor Through His Natural Guardian Father Najruddin S/o Hoshiyar Khan, R/o Kunder, P.S. Uchchain, District Bharatpur (Raj). ----Accused-Petitioners Versus 1. State of Rajasthan, through P.P. ----Respondent 2. Ahsaan S/o Alisher, R/o Kunder, P.S. Uchchain, District Bharatpur (Raj). ----Complainant-Respondent For Petitioner(s) : Mr.Amit Jindal for Mr.Ashindra Gautam For Respondent(s) : Mr.Jitendra Rathore, PP with Mr.Gaurav Gupta, Asst. GA. JUSTICE ANOOP KUMAR DHAND Order 22/05/2026 (2 of 4) [CRLMP-169/2023] 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 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.462/2022 registered at the Police Station Uchchain, District Bharatpur for the offences punishable under Sections 354, 354A, 354B, 354C, 354D, 376 & 511 IPC & Section 67 of Information Technology Act, 2008. 4. Learned counsel for the petitioners submits that in fact no such incident has occurred even then, a false story has been concocted by the prosecutrix by way of lodging the impugned F.I.R. with false and vague allegations levelled against all the nine petitioners, hence, under these circumstances, interference of this Court is warranted. 5. Per contra, learned Public Prosecutor opposes the prayer and submits that after registration of the impugned F.I.R., the (3 of 4) [CRLMP-169/2023] statements of the prosecutrix were recorded under Sections 161 & 164 Cr.P.C. and on the basis of the same, prima facie case has been found only against the accused-Arman, i.e., petitioner No.9 under Sections 354A, 354B & 354D IPC, Sections 7 & 8 of the POCSO Act and Section 67 of the Information Technology Act, and since the said accused was absconding, hence, the investigation was pending. Counsel submits that under these circumstances, interference of this Court is not warranted and the instant petition is liable to be rejected. 6. Heard and considered the submissions made at the Bar and perused the material available on record. 7. Perusal of the statements of the prosecutrix recorded under Sections 161 & 164 Cr.P.C. indicates commission of cognizable offence and the correctness of the allegations cannot be examined by this Court by conducting roving and fishing enquiry to find out the truth behind the allegations under Section 482 Cr.P.C. Certainly, this task has been assigned to the Investigating Officer, who has already found prima facie involvement of the petitioner- Arman for the above stated offences. 8. This Court is not inclined to entertain the instant petition and the same stands disposed of, granting liberty to the petitioners to take all the available defence at the appropriate stage of the trial, before the Trial Court. 9. With the aforesaid observation and direction, the instant petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of. (4 of 4) [CRLMP-169/2023] 10. The factual report dated 19.01.2023 received from the Station House Officer, Police Station Roopwas, District Bharatpur is ordered to be retained on record. (ANOOP KUMAR DHAND),J Aayush Sharma/5