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2025 DAILYLAW 16499 (RAJ)

BATTI LAL SAINI S/O RAM PHOOL SAINI v. STATE OF RAJASTHAN

CRLMP/2405/2025 · 2025-05-05

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:18787] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2405/2025 1. Batti Lal Saini S/o Ram Phool Saini, R/o Lalsot, Tehsil Lalsot, Distt. Dausa (Rajasthan). 2. Hanuman Saini S/o Ram Phool Saini, R/o Lalsot, Tehsil Lalsot, Distt. Dausa (Rajasthan). 3. Chottey Lal S/o Pratap Saini, R/o Lalsot, Tehsil Lalsot, Distt. Dausa (Rajasthan). 4. Kamlesh S/o Hari Narayan Saini, R/o Lalsot, Tehsil Lalsot, Distt. Dausa (Rajasthan). 5. Rinku Saini S/o Ramkesh Saini, R/o Thalai Wali Tani, Bilauna Kalan, Tehsil Lalsot, Distt. Dausa (Rajasthan). ----Accused-Petitioners Versus 1. State Of Rajasthan, Through The Public Prosecutor. ---Respondent 2. Deshraj Bairwa S/o Shri Maya Ram Bairwa, R/o Purohit Colony, Kasba Lalsot, Tehsil Lalsot, Distt. Dausa (Rajasthan). ----Complainant-Respondent For Petitioner(s) : Mr. Fahad Hasan For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Rishi Raj Singh Rathore, P.P. Mr. Manvendra Singh Shekhawat, P.P. Mr. Sagar Rana, S.P. Dausa HON'BLE MR. JUSTICE SAMEER JAIN Judgment 05/05/2025 1. The present petition is filed with the following prayer: "It is, therefore, humbly and respectfully prayed that this Hon'ble Court may very kindly and graciously be pleased to accept and allow this Criminal Misc. Petition U/s 528 BNSS and the impugned FIR No.0111/2025 dated 12.03.2025 (Annexure- 1) may kindly be quashed and set aside. [2025:RJ-JP:18787] (2 of 2) [CRLMP-2405/2025] Any other relief which this Hon'ble Court may deem just and proper in the facts and circumstances state above may also kindly be granted in favour of the petitioners. 2. In compliance of the directions passed in erstwhile orders, concerned Officer has marked presence before this Court and has submitted that FIR was registered after the directions given under Section 175(3) of B.N.S.S/156(3) of Cr.P.C. It is further submitted that after investigation it is concluded that the matter pertains to civil dispute, therefore, final report is proposed to be filed before the concerned Court. 3. Lastly, reliance is placed upon the judgment dated 16.04.2025 passed by Hon’ble Apex Court in Rikhab Birani and Anr. Vs. State of Uttar Pradesh and Anr., registered in S.L.P. (Crl.) No.8592 of 2024. 4. Considering the submissions made by the Investigating Officer, upon perusal of the contents of the FIR and factual report, this Court deems it apposite to quash the impugned FIR. 5. Considering the aforementioned, the present criminal miscellaneous petition is allowed and the FIR No.0111/2025 registered at Police Station Lalsot, District Dausa with all consequential proceedings, is hereby quashed and set aside. 6. Accordingly, the instant petition is allowed. Pending application(s), if any, stand disposed of. (SAMEER JAIN),J GAURAV/181