[2025:RJ-JP:24787] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 8301/2022 Salman Mohammad S/o Sh. Manjur Beg, Aged About 28 Years, R/o Rajbag, Kachhi Basti, City, Sawaimadhopur. ----Petitioner Versus 1. State Of Rajasthan, Through PP ---- Respondent 2. Victim W/o Sh. Afsaruddin, aged about 29 years, R/o Kachhi Basti, Rajbag, Kotwali, Sawai Madhopur (Raj.) ----Complainant/Respondent For Petitioner(s) : Mr. Neeraj Joshi For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 04/07/2025 1. By way of filing the instant criminal misc. petition under Section 528 of BNSS, the petitioner has assailed legality and validity of the order dated 22.02.2022 passed by the Chief Judicial Magistrate, Sawai Madhopur, in criminal Reg. case No. 116/2022, whereby case registered against petitioner pursuant to FIR No.129/2021 Police State Mahila Thana, Sawai Madhopur for alleged offences punishable under Sections 366, 376(2)(N) and 384 of IPC have been committed to the Court of District and Sessions Judge, Sawai Madhopur, for trial and disposal of the matter. Petitioner has also prayed for quashing the entire proceedings relating to aforesaid FIR. 2. Learned counsel for the petitioner would submit that although petitioner has not committed any offence whatsoever, [2025:RJ-JP:24787] (2 of 2) [CRLMP-8301/2022] yet he has falsely been implicated in the matter, although there are serious contradictions in the contents of FIR and statements made by the prosecutrix, yet petitioner has been compelled to face vexatious and fabricated trial, which is grave prejudice and miscarriage of justice to the petitioner. 3. Learned Public Prosecutor has opposed the prayer made by the learned counsel for the petitioner. 4. I have heard learned counsel for the parties and perused the record. 5. It would be revealed by perusing the record that in the instant matter, after filing of the charge-sheet and committal of matter, cognizance has been taken and even charges have been framed against the petitioner pursuant thereto. Court statements of the prosecutrix have already been recorded and she has also been cross-examined by the counsel for the petitioner. Under these circumstances, at this stage, inherent power of this Court under Section 528 of BNSS cannot be exercised so as to examine the merits of the case as well as to analyze the statements of the prosecutrix. 6. In view of the above, I do not find any ground to interfere in the instant criminal misc. petition, hence, being devoid of merit and substance, the same is hereby dismissed. (ANAND SHARMA),J pcg/175