SATYA PRAKASH SON OF HARBAKSH v. STATE OF RAJASTHAN
CRLMP/4014/2021 · 2025-05-23
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19558 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19558 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:21880] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4014/2021 Satya Prakash Son Of Harbaksh, Aged About 41 Years, Resident Of Village Barodakan, Police Station Kathumar, District Alwar (Rajasthan). ----Petitioner Versus
1. State Of Rajasthan, Through Public Prosecutor., Jaipur (Rajasthan).
2. Pawan Kumar Son Of Banshilal, R/o Village Barodakan, Police Station , Kathumar, District Alwar (Rajasthan). ----Respondents For Petitioner(s) : Mr. Madhav Mitra, Sr. Adv. Assisted by Ms. Jaya Mitra Mr. Veerendra Singh For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Rishi Raj Singh Rathore, PP Mr. Rajesh Goswami with Mr. Satyendra Singh Tanwar, Mr. Pradeep Singh, Mr. Karan Sharma & Mr. Manjeet Sharma Mr. Deshraj Singh, SI, SHO, PS- Kathumar, Alwar HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 23/05/2025
1. The present petition is filed under Section 482 Cr.P.C. for quashing of FIR No.435/2019 dated 03.11.2019 registered at Police Station Kathumar, District Alwar (Rajasthan) for the offences under Sections 143, 323, 341 of IPC.
2. Learned senior counsel Mr. Madhav Mitra has submitted that in the instant matter, an FIR was initially registered on the basis of a parcha bayan qua the incidence which occurred on 01.11.2019
[2025:RJ-JP:21880] (2 of 4) [CRLMP-4014/2021] at around 05:00 pm and the aggrieved person was hospitalized on and around 02.11.2019. It is submitted that petitioner’s father and the petitioner himself have suffered life threatening injuries. It is further submitted that only as an afterthought the impugned FIR was lodged on 03.11.2019 by the complainant on the basis of a concocted story. It is apprised to the Court that after doing the medical examination, the competent medical authority has initially opined the injuries in question to be of self inflicting nature.
3. At this nascent juncture, learned senior counsel has averred that the impugned FIR calls for judicial interference as to quashing, as in the matter in hand, the police authorities are being hand-in-glove with the complainant. It is also apprised to the Court that the petitioner has filed a complaint before the Rajasthan State Human Rights Commission. Therefore, it is urged that the reports be called for, and the matter may be kept pending for further consideration, as an interim protection is already operative in favor of the petitioner, ever-since 18.11.2021.
4. Per contra, learned Public Prosecutor has stoutly opposed the
contentions made by the learned counsel for the petitioner, and has submitted that there are disputed question of facts.
5.
Learned counsel appearing for the complainant has submitted that the present matter is a case of caste conflicting in the farm of the petitioner, and on account of the same the parties herein entered into a fist-fight. It is submitted that the FIR was filed by the complainant, not on account of any undue delay, but on account of no support by the police authorities. It is further submitted that contradictory medical opinions as formulated in the medical report itself reflects that the matter requires
[2025:RJ-JP:21880] (3 of 4) [CRLMP-4014/2021]
consideration. It is further submitted that the fact of incidence and holistic participation of entire village is reflective of the magnitude of the dispute. Nevertheless, on account of the said interim order being operative the investigation is at a stand still from past five years approximately.
6. Having heard the rival arguments made by the learned counsel for the parties, and upon a perusal of the material available on record, this Court is of a view that while exercising jurisdiction under the provisions of Section 482 Cr.P.C./ 528 of BNSS, this court cannot conduct a mini-trial or carry out microscopic analysis of the dispute, especially when cross FIRs are made to be registered. Examination of witnesses, checking the sanctity of the FSL or Medical report and the fact that the investigation is conducted in a free and fair manner is the subject matter of trial.
7. In the matter in hand it is noted that the contentions made before this Court are contradictory, as on one hand, the injuries sustained were termed to be self inflicted and the contents of the FIR states it to be grievous and life threatening. Therefore, in light of the ratio encapsulated in Sakiri Vasu Vs. the State of U.P. and ors.: (2008) 2 SCC 409 this Court directs that the petitioners shall mark appearance before the Investigating Authority/Superintendent of Police on 06.06.2025 at 11:00 A.M. and present their grievances and thereafter render due cooperation in the investigation.
8. However, till the conclusion of the investigation, no arrest shall be made against the petitioner (subject to the outcome of the investigation). It is expected that the investigation in
[2025:RJ-JP:21880] (4 of 4) [CRLMP-4014/2021] furtherance to the impugned FIR shall be supervised by an officer not below the rank of Superintendent of Police.
9. In view of the above, the present petition is disposed of. Pending applications, if any, shall stand disposed.
(SAMEER JAIN),J JKP/100