RAHUL GURJAR SON OF LATE SHRI PURAN MAL GURJAR v. STATE OF RAJASTHAN
CRLMP/3996/2025 · 2025-07-18
Sameer Jain
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 23454 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23454 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:26907] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2626/2025 Harsh Tatiwal S/o Rajendra Verma, Aged About 26 Years, R/o 9, Indraprastha Colony, Ram Nagar, Police Station Sodala, Jaipur. ----Petitioner Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Shri Ramkesh S/o Late Shri Ishwar Singh, R/o Village Nithar, Police Station Bhusawar, District Bharatpur, Rajasthan Presently R/o Head Constable No.614, Jatwada Chowki, Police Station Bassi (Jaipur City (East)), Jaipur City (East), Rajasthan, India ----Respondents Connected With S.B. Criminal Miscellaneous (Petition) No. 3996/2025 Rahul Gurjar Son Of Late Shri Puran Mal Gurjar, Resident Of 46/215, Rajat Path, Mansarovar, Jaipur. (Raj). ----Petitioner Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Ramkesh Son Of Late Ishwar Singh, R/o Village Nithar Police Station Bhusawar, District Bharatpur (Raj). At Presently Head Constable No. 614 Jatwada Chowki Police Station Bassi, Jaipur City ( East). ----Respondents For Petitioner(s) : Mr. Neeraj Sharma Mr. Junaid Mansoori For Respondent(s) : Mr. M. S. Shekhawat, PP with Mr. Surendra, IO, PS Bassi, Jaipur HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 18/07/2025
1. The present petitions are filed under Section 528 of BNSS seeking directions for quashing the Fir No. 224/2025 registered at Police Station Bassi Jaipur City (East) District Jaipur City (East) for the offense under Sections 281, 109(1), 121(1), 331(1) of BNS and Section 3 of the Prevention of Damage to Public Property Act.
[2025:RJ-JP:26907] (2 of 3) [CRLMP-2626/2025]
2.
Learned counsel for the petitioners has submitted that in the instant matter police authorities are harassing the petitioners without any justification, especially when the petitioners are neither the owner of the vehicle nor involved in the alleged crime. It is further submitted that FIR was lodged with a delay of one day by the police authorities.
3. Further, it is submitted that the vehicle in question was not rented by the petitioners. Furthermore, it is submitted that the petitioners are young students pursuing their education. It is further submitted that interim protection is granted to the petitioner-Harsh Tatiwal vide order dated 23.05.2025.
4. Per contra, learned Public Prosecutor has submitted that vehicle in question was brought by the petitioners on rent. It is further submitted that the vehicle in question has beached the barricading and the said act has resulted in damage. It is further submitted that the concerned officer, in-charge of the barricading, was safely rescued from the site.
5. It is further submitted that one of the person, who was in the vehicle namely Manish Khatri, has two criminal antecedents registered against him.
6. Concerned investigating officer has marked his presence and has submitted that the petitioners have not joined the investigation till date, howsoever, the said fact is opposed by the
learned counsel for the petitioners.
7. In the facts and circumstances, this Court is not inclined to interfere in the present matter as the same involves disputed questions of fact. Howsoever, taking note of the fact that there are no criminal antecedents registered against the petitioners, this
[2025:RJ-JP:26907] (3 of 3) [CRLMP-2626/2025] Court directs that no coercive action shall be taken against the petitioners subject to joining the investigation on 24.07.2025. It is made clear that the said interim protection is operational till the submission of outcome of the investigation before the concerned Court.
8. Further, Investigating Officer is directed to conduct the investigation in the instant matter.
9. Accordingly, present petitions are disposed of. All pending applications also stand disposed of.
(SAMEER JAIN),J Pooja /17-18