[2025:RJ-JP:34617] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3817/2025 Amar Singh S/o Shiv Singh, R/o Bonli, Presently Village Development Officer, Panchayat Samiti Bonli, District Sawai Madhopur . ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Pooja Meena W/o Kailash Meena, R/o Nayapura Vivekanandpuram Ke Peeche, Sawai Madhopur, Presently Enforcement Inspector, Malarna Dungar, District Sawai Madhopur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Tapeshwar Pal Singh Parmar For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 29/08/2025 1. Instant criminal misc. petition under Section 528 of BNSS, 2023 (erstwhile Section 482 Cr.P.C.), has been filed by the petitioner, seeking to quash the FIR No. 150/2024 registered at Police Station Malarna Dungar, District Sawai Madhopur for offences under Sections 3 & 7 of Essential Commodities Act, 1955 (for short “the Act of 1955”). 2. Heard counsel for petitioner, Public Prosecutor and perused the record. 3. It appears that petitioner happens to be a Village Development Officer & Officiating Secretary of Gram Panchayat- Bhookha, Tehsil Malarna Dungar and allegation against him is to [2025:RJ-JP:34617] (2 of 3) [CRLMP-3817/2025] embezzle 12062.840 Kg. wheat-grains from the fair price shop, allotted in the name of Gram Panchayat. 4. It appears that during course of investigation, Investigating Officer served a notice under Section 91 Cr.PC to petitioner to produce record of Gram Panchayat, in order to inquire the sold wheat and available in the stock. In pursuance thereof, petitioner has filed reply and states that the commodity was being sold from fair price shop by one Hariballabh Meena and he is the main accused. 5. Be that as it may, as far as petitioner is concerned, indisputably, he is the Village Development Officer & Officiating Secretary of Gram Panchayat and the fair price shop is allotted in the name of Gram Panchayat. Hence, at this stage, it may not be held that petitioner has falsely been implicated in the present FIR for the alleged offences. The impugned FIR is at the stage of investigation. Petitioner is involved for offences under Section 409 IPC read with Section 3/7 of the Act of 1955. 6. The Hon’ble Supreme Court, after reiterating the principles laid down in case of State of Haryana v. Choudhary Bhajan Lal [1992 Supp. (1) SCC 335], elaborately considered the scope and extent of the powers of High Court to quash the criminal proceedings under Section 482 Cr.P.C in the case of M/s Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra [2021 SCC OnLine SC 315], wherein the Apex Court observed that the power of quashing should be exercised sparingly, with circumspection and in the rarest of rare cases. It was further observed that while examining the FIR/ complaint, quashing of which is sought, the Court cannot embark upon an enquiry as to [2025:RJ-JP:34617] (3 of 3) [CRLMP-3817/2025] the reliability or genuineness or otherwise of allegations made therein. 7. This Court finds that the case of petitioner does not fall in any of the categories as expounded by the Apex Court in case of Choudhary Bhajan Lal (supra), hence, in the opinion of this Court, no case is made out to quash the impugned FIR in exercise of inherent jurisdiction under Section 528 BNSS. 8. As a result, the present petition is devoid of substance and is hereby dismissed. 9. Stay application and pending application(s), if any, also stand(s) disposed of. (SUDESH BANSAL),J Sachin/7