Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:28663] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2643/2022 Kailash S/o Gopi, Aged About 30 Years, Resident Of Baler, Police Station Bahrawanda Kalan, Distt. Sawai Madhopur. ----Petitioner Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Victim, Aged About 22 Years, R/o ----Respondents For Petitioner(s) : Mr. Aquif Khan for Mr. Fahad Hasan For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order 29/07/2025 The matter comes upon an application filed by the respondent(s) for vacating the stay granted by this Court vide
order dated 16.03.2022. It is contended by learned counsel for the respondent(s) that the police after thorough investigation has concluded that against the petitioner for the offences under Sections 354-D, 506, 376 and 420 of IPC and Sections 3/4 and 11/12 of POCSO Act is made out. It is also contended that the matter is only pending for submitting the charge-sheet. The offences alleged against the petitioner are grave and under the POCSO Act. If the petitioner is aggrieved by the investigation, then he may raise grounds before concerned Trial Court. Therefore, the said order passed by this Court dated 16.03.2022 may be vacated.
[2025:RJ-JP:28663] (2 of 2) [CRLMP-2643/2022]
Learned counsel for the petitioner seeks time to argue the case. Heard and perused the material available on record. This Court is not inclined to grant any adjournment to the petitioner. The matter is pending since 2022. The petitioner sought ex- party stay without placing any substantive material on record on
16.03.2022. The factual report shows that prima-facie the offence is made out against the petitioner Kailash under Sections 354-D, 506, 376(2)(f), 376(2)(n) and 420 of IPC and Sections 3/4 and 11/12 of POCSO Act. Therefore, considering the factual report placed on record, the main petition is disposed of as no case is made out for quashing the FIR. The petitioner is at liberty to raise the grounds before the concerned Trial Court at the stage of arguments for charge.
(PRAVEER BHATNAGAR),J Keshav/27