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2025 DAILYLAW 14972 (RAJ)

RAMJILAL MEENA SON OF SHRI BHERULAL v. STATE OF RAJASTHAN

CRLMP/2103/2025 · 2025-04-16

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:16233] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2103/2025 Ramjilal Meena Son Of Shri Bherulal, Aged About 35 Years, Resident Of Village Ajmeripura, Tehsil Kotkhavda, District Jaipur (Raj). At Present Working As Programmer, Department Of Information Technology And Communication, Yojna Bhawan, C- Scheme, Jaipur. ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Ramesh Pandey Son Of Shri Brahmanandji Pandey, Aged About 55 Years, Resident Of 127, Gayatri Nagar-B, Maharani Farm, Dugapura, Police Station Shiprapath, Jaipur. ----Respondents For Petitioner(s) : Mr. Jai Singh Rathore For Respondent(s) : Mr. S.S. Naruka, AAG with Mr. Manvendra Singh Chaudhary, PP and Mr. S.R. Dhakar, PP HON'BLE MR. JUSTICE SAMEER JAIN Order 16/04/2025 Learned counsel for the petitioner has filed the present petition for quashing of the first FIR No.96/2025 dated 31.03.2025 registered at Police Station Gandhi Nagar, Jaipur City (East), District Jaipur City (East) for offence under Sections 318(4), 338, 336(3), 340(2) and 61(2) of BNS, 2023. Learned counsel for the petitioner has submitted that the petitioner and co-accused Suresh Kumar Taneja were serving as an administrative officer, therefore, they are not concerned with the allegation levelled in the FIR. It is further submitted that the [2025:RJ-JP:16233] (2 of 2) [CRLMP-2103/2025] Investigation Officer has approached the office of the petitioner to arrest him sans serving any notice/summon which reflects that the police authorities are hand in glove with the complainant and Mr. Rajendra Singh Shekhawat, Regional Transport Officer, who himself has committed the alleged crime. Lastly, it is submitted that a false and fabricated case is registered against the petitioner. Considering the facts and circumstances of the case, this Court is of the opinion that the petition filed under the provision of Section 528 of BNSS is not tenable for the reason that on perusal of the FIR, it is reflected that the petitioner was rendering service as a software programmer, that the petitioner has tempered with the software and carried out irregularities as alleged/specified in the FIR which has caused loss to the revenue and is dehors the provisions of Motor Vehicle Act, that act committed by the petitioner is a crime against the public at large, that allegations levelled in the present FIR needs investigation, therefore relying upon the judgment passed by Hon’ble Apex Court Sakiri Vasu vs State Of U.P. And Others reported in 2008 (2) SCC 409, this Court cannot carry out a microscopic analysis of the same, thus, interference at nascent stage is not required. Accordingly, the present petition is dismissed. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J Keshav/34