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2024 DAILYLAW 1827 (RAJ)

RADHEYSHYAM SON OF SHRI NATHULAL, v. STATE OF RAJASTHAN

CRLMP/4891/2024 · 2026-05-20

Anoop Kumar Dhand

body2024

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4891/2024 Radheyshyam Son of Shri Nathulal, aged about 46 Years, R/o Village And Post Aton, Tehsil Atru, District Baran (Raj.). The Then Patwari, Patwar Halka Dobra, Sub Tehsil Mandana, District Kota, At Present Land Record Inspector, Tehsil Sangod, District Kota (Raj). ----Petitioner Versus 1. State of Rajasthan, Through Public Prosecutor 2. Rajesh Kumar Gurjar S/o Shri Dhanna Lal, Aged About 36 Years, R/o Village Nayagaon, Police Station Mandana, District Kota (Raj.) ----Respondents For Petitioner(s) : Mr. Anupam Singh for Mr. Jag Mohan Saxena For Respondent(s) : Mr. N.S Dhakar-PP with Mr. Gaurav Gupta-Asstt.G.A. JUSTICE ANOOP KUMAR DHAND Order 20/05/2026 1. By way of filing the instant criminal misc. petition, a prayer has been made to quash the impugned FIR No. 04/2023 registered with the Police Station Anti Corruption Bureau, District ACB Chowki Kota City for the offence punishable under Section 7 of the P.C. Act. 2. Learned counsel for the petitioner submits that the petitioner has not committed any offence but inspite of the above, he has been falsely implicated in the instant case by the complainant owing to personal enmity. Counsel submits that impugned FIR has (2 of 2) [CRLMP-4891/2024] been registered with an ulterior motive to harass and humiliate the petitioner. Hence, interference of this Court is warranted. 3. Per contra, learned Public Prosecutor opposes the prayer and submits that after thorough investigation in the instant matter, charge-sheet has been submitted against the petitioner for the offence under Section 7 of the PC Act. Hence, interference of this Court is not warranted and the present petition is liable to be rejected. 4. Heard and considered the submission made at Bar and perused the material available on record. 5. The allegations levelled in the impugned FIR reveal commission of cognizable offence. The correctness of the allegations cannot be examined or adjudged by this Court while exercising its inherent jurisdiction under Section 482 Cr.P.C. Certainly, this task has been assigned to the Investigating Officer, who has thoroughly investigated the matter from all four corners and found prima facie involvement of the petitioner in the alleged incident and submitted charge-sheet against him. 6. In the considered opinion of this Court, the petitioner is at liberty to take all the grounds and all available defences, which have been taken before this Court at the appropriate stage of the trial before the Trial Court. 7. With the aforesaid observations, the instant criminal misc. petition stands disposed of. Stay application as well as all pending applications, if any, stand disposed of. (ANOOP KUMAR DHAND),J Ashu/40