HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4356/2024 1. Rajveer S/o Kallan, R/o Gahanoli Moad, Bharatpur, (Rajasthan.). 2. Rahul S/o Mahandra, R/o Gahanoli Moad, Bharatpur, (Rajasthan.). 3. Sonu S/o Ramvijay, R/o Gahanoli Moad, Bharatpur, (Rajasthan.). 4. Hemant, S/o Kallan, R/o Gahanoli Moad, Bharatpur, (Rajasthan.). ----Petitioners Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Arjun Singh S/o Natthi Lal, R/o Heerapur Gahanoli Moad, Bharatpur (Rajasthan). ----Respondents For Petitioner(s) : Ms. Pooja Gupta For Respondent(s) : Mr. J.S. Rathore-PP JUSTICE ANOOP KUMAR DHAND Order 17/01/2025 1. By way of filing of this criminal misc. petition, a challenge has been led to the FIR No. 68/2024 registered with Police Station Gahanoli Moad, District Bharatpur for the offences under Sections 323, 341, 379, 511 and 143 IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST Act. 2. Counsel for the petitioners submits that bare perusal of the contents of the FIR, reveals that no offence is made out against the petitioners and there was no eye-witness of the aforesaid (2 of 2) [CRLMP-4356/2024] incident and the injuries suffered by the injured were not visible, hence under these circumstances, no case is made out against the petitioners and they have falsely been booked in this case. Counsel submits that hence, under these circumstances, interference of this Court is warranted. 3. Heard and considered the submissions made at bar and perused the material available on record. 4. After going through the contents of the FIR, it appears that allegations levelled in the FIR discloses that the alleged offence is cognizable and the matter requires investigation. This Court while exercising the discretionary powers contained under Section 528 of BNSS is not supposed to make a roving/fishing inquiry and to embark upon a probe to ascertain the genuineness and reliability of the allegations mentioned in the FIR. Certainly, it would be a task to be undertaken by the Investigating Officer, therefore, this Court does not deem it just and proper to interfere with the course of investigation. 6. The petitioners may file a representation before the Investigating Officer. The Investigating Officer is directed to consider the averments of the same and proceed strictly in accordance with law. 7. With the aforesaid observations, the instant criminal misc. petition stands disposed of. 8. The stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/67