[2025:RJ-JP:40384] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5758/2025 Govind Sagar Tinkar Son Of Shri Brijmohan Tinkar, Aged About 41 Years, Resident Of Plot No. 1, Chandabadi, Niwaru Road, Police Station Kardhani, Jaipur. ----Accused/Petitioner Versus 1. The State Of Rajasthan, Through P.P. ----Respondent 2. Taju Kathat Son Of Shri Banna Kathat, Aged About 60 Years, Resident Of Sargaon, Police Station Beawar Sadar, District Beawar (Raj). ----Complainant/Respondent For Petitioner(s) : Mr. Arvind Kumar Pareek For Respondent(s) : Mr. Naresh Gupta, PP HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 06/10/2025 This criminal miscellaneous petition under Section 528 of BNSS, 2023 has been filed for quashing the criminal proceeding arising out of FIR No.0175/2025 dated 04.05.2025 registered at Police Station Beawar Sadar, District Beawar for the offence under Sections 281 and 106(1) Bhartiya Nyaya Sanhita, 2023 (for brevity, ‘BNS, 2023’). The allegation in the FIR is that the driver of the Vehicle No.RJ19CM2030 hit son of the complainant with rash and negligent driving resulting into his death. Learned counsel for the petitioner contended that he never committed any such offence, as alleged; rather, when he was driving through Beawar Toll Plaza, a person fell dizzy beside his [2025:RJ-JP:40384] (2 of 2) [CRLMP-5758/2025] vehicle and he took that person to Government Hospital, Beawar out of empathy. Thereafter, as an afterthought, he has been implicated in the false and concocted FIR. He, therefore, prays that the criminal miscellaneous petition be allowed and the subject FIR be quashed and aside. Per contra, learned Public Prosecutor opposed the prayer. Heard. Considered. A perusal of the FIR discloses commission of a cognizable offence. There is nothing on record to warrant a finding that the allegations contained in the FIR are false and concocted. Even otherwise, indisputably, the deceased or his family members are not known to the petitioner and in view thereof, it cannot be inferred, at least at this stage in absence of any tangible material, that the petitioner would be implicated in a false and concocted case. Further, at this stage, defence of the petitioner cannot be examined by this Court under its limited supervisory jurisdiction under Section 528 of the BNSS for which, even otherwise, there is no material of unimpeachable nature and of sterling worth on record. It is for the Investigating Agency to conduct the investigation and unearth the correct factual position. In view thereof, this Court finds no reason to quash the impugned FIR. Resultantly, this criminal miscellaneous petition is dismissed being devoid of merit. Pending application(s), if any, also stands disposed of accordingly. (MAHENDAR KUMAR GOYAL),J PRAGATI/81