ZUBEDA BANO W/O MOHD. SHAREEF v. STATE OF RAJASTHAN
CRLMP/2558/2025 · 2025-07-01
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17381 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17381 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:24004] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2558/2025
1. Zubeda Bano W/o Mohd. Shareef, Aged About 55 Years, R/o Moholla Vyapariyaan, Near Abraar Masjid, Bakra Mandi, District Sikar, Rajasthan.
2. Mohd. Shareef S/o Mohd. Yaseen, Aged About 65 Years, R/o Moholla Vyapariyaan, Near Abraar Masjid, Bakra Mandi, District Sikar, Rajasthan.
3. Mohd. Saif S/o Mohd. Hussain, Aged About 18 Years, R/o Moholla Islampur, Ward No. 63 Near Saad Masjid, District Sikar, Rajasthan. ----Petitioners Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Prakash Meghwal S/o Jagdish Meghwal, R/o Ambedkar Nagar Fathepur Road, District Sikar, Rajasthan. ----Respondents For Petitioner(s) : Mr. Anurag Pareek For Respondent(s) : Mr. M. S. Shekhawat, PP HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 01/07/2025
1. Present petition is filed under Section 528 of BNSS for quashing of the FIR No. 121/2025 dated 26.03.2025 registered at Police Station Kotwali Sikar, District Sikar for the offences under Section 189(2), 115(2), 126(2), 307, 352 of BNS ad 3(1)(r), 3(1) (s), 3(2)(va) of SC/ST Act.
2.
Learned counsel for the petitioner has submitted that the impugned FIR is lodged on basis of a false and fabricated story. It is further submitted that complaint is of vindictive nature and is lodged merely to settle the scores. It is also submitted that upon investigation out of seven accused the appropriate authority has exonerated the four accused persons.
[2025:RJ-JP:24004] (2 of 2) [CRLMP-2558/2025]
3. Additionally, it is submitted that petitioner has filed a representation (Annexure-9) with a plea for fair investigation.
Learned counsel has submitted that till date, no charge-sheet is filed.
4. Considering the foregoing facts and circumstance of the case, this Court, in light of the directions encapsulated in Sakiri Vasu Vs. State of Uttar Pradesh [(2008) 2 SCC 409], directs that on 10.07.2025 at 11.00 AM, the petitioner shall mark his presence before concerned Superintendent of Police/competent authority who shall give audience to the petitioner and take appropriate decision, strictly in accordance with law.
5. Accordingly, the present petition is disposed of. Pending applications, if any, shall stand disposed of.
6. It is also directed that if charge-sheet is not filed till date, the same be kept in abeyance. It is clarified that no prejudice be caused to either of the side on account of passing of the present
order.
(SAMEER JAIN),J Pooja /38