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2025 DAILYLAW 15079 (RAJ)

AHSAN MIYA @ AHSAN MIYAN S/O SHRI CHAND KHAN v. STATE OF RAJASTHAN

CRLMP/2117/2025 · 2025-05-23

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:21796] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2117/2025 Ahsan Miya @ Ahsan Miyan S/o Shri Chand Khan, Aged About 35 Years, Resident Of Near Sofia School, Dhanna Talai, Tonk,. ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Tanveer Ahmed For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP with Mr. Rishi Raj Singh Rathore, PP Mr. Parth Sharma for Mr. Sudhir Jain HON'BLE MR. JUSTICE SAMEER JAIN Judgment 23/05/2025 The present petition is filed seeking quashing of FIR No.725/2024 dated 07.10.2024 registered at Police Station Kho-Nagoriyan, Jaipur City (East) for offence under Section 110 of BNS. Learned counsel for the petitioner has submitted that impugned FIR is lodged with ulterior motive after a significant delay, in a vindictive manner. It is submitted that on the date of incident the petitioner was in Tonk and hence a plea of alibi is pleaded. It is further submitted that the petitioner has also filed a representation before an appropriate officer from the concerned Police Station however, no heed is paid qua the same. Per contra, learned Public Prosecutor has furnished a factual report dated 11.05.2025 before the Court and has submitted that out of the named persons in FIR, three persons are having strong [2025:RJ-JP:21796] (2 of 2) [CRLMP-2117/2025] antecedents registered against them. It is further submitted that there are specific allegations along with the names of the accused persons, and grievous injuries are effected upon the victim. It is submitted that matter should be investigated fairly and impartially. Having heard the rival arguments made by the learned counsel for the parties, and upon a perusal of the material available on records, this Court is of a view that the instant matter pertains to disputed questions of facts which are not to be adjudicated by this Court, nevertheless, the said dubiousness of any matter can only be decided by a fair, impartial and expeditious investigation and trial thereafter. Therefore, this Court expects that the investigating authorities shall culminate the investigation in a fair and impartial manner, after considering the representations and plea of the respective parties, strictly in accordance with law. In light of the above, the present petition is disposed of. Pending applications, if any, shall stand disposed. (SAMEER JAIN),J DEEPAK/31