Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:18277] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2124/2025
1. Kamal Rathore S/o Dhannalal, R/o Baran, Kotwali, Baran (Raj).
2. Tejesh Suman S/o Mohanlal Suman, R/o Baran, Kotwali, Baran (Raj). ----Petitioners Versus
1. State Of Rajasthan, Through The Public Prosecutor.
2. Suman Gaud S/o Shri Kailash Narayan Gaud, R/o Sabji Mandi Garh Colony, Baran, Kotwali, Baran, Rajasthan. ----Respondents For Petitioner(s) : Mr. Manish Gupta For Respondent(s) : Mr. Rishiraj Singh Rathore, PP Mr. Manvendra Singh Shekhawat Mr. Ram Kalyan Addl. S.P. Kota-Rural HON'BLE MR. JUSTICE SAMEER JAIN
Order 30/04/2025 The present petition is filed under Section 528 of BNSS with a prayer seeking quashing of FIR No. 849/2024 dated 11.12.2024 registered for the offence under Sections 108 BNS.
Learned counsel for the petitioners has submitted that contents of the FIR are false and fabricated. It is further submitted that on account of upcoming elections, FIR with concocted story is lodged to implicate the petitioners in a crime and debar petitioners from participating in the elections. Further, it is submitted that allegations of abatement to suicide are leveled against the petitioners on account of some dispute between deceased-complainants’ son and accused persons
[2025:RJ-JP:18277] (2 of 2) [CRLMP-2124/2025] named in the FIR, however, petitioners herein have no role in the death as the deceased in suicide note has disclaimed the role of accused named in the FIR. In compliance of the order dated 16.04.2025, Investigating Officer has marked presence before this Court and submitted that approximately 20 criminal antecedents are registered against the petitioner No.1 and approximately 6 criminal antecedents are registered against the petitioner No.2. It is further submitted that in majority of the cases, petitioners are acquitted on account of compromise inter-se the concerned parties. Further, it is submitted that petitioners and other accused persons provoked the deceased to commit suicide. Considering the foregoing facts and circumstances of the case, taking note of the fact that criminal antecedents of the petitioners are not disclosed in the petition, that alleged offence is of grievous nature. Therefore, this Court is of the opinion that investigation is warranted in the instant matter and present Court finds no reason to interfere with the present petition. Accordingly, the present petition is dismissed. Howsoever, it is made clear that the said dismissal shall not cause any prejudice to either of the parties. Pending applications, if any, shall stand
disposed of.
(SAMEER JAIN),J ashu /129