KAMLESH KUMAR DHANKA S/O SHRI LALA RAM DHANKA, B/C DHANKA v. STATE OF RAJASTHAN THROUGH ITS P.P.
CRLW/1020/2018 · 2025-01-02
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32710 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32710 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:148] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No.1020/2018 Kamlesh Kumar Dhanka S/o Shri Lala Ram Dhanka, aged about 27 Years, R/o Village Yarlipura, P.S. Shivdaspura, District Jaipur (Raj.) ----Petitioner Versus
1. State of Rajasthan through its P.P., Rajasthan
2. Director General of Police, Police Headquarter, Jaipur, Rajasthan
3. Commissioner of Police, Jaipur City, Jaipur. ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr.Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND
Order 02/01/2025
1. The instant criminal writ petition has been filed with the following prayer:-
"It is, therefore, most humbly & graciously prayed that this Hon'ble Court may kindly be pleased to call for the record of the FIR No.1003/2015, Police Station Sanganer, pertaining to the accused petitioner any by examining the same. The Hon'ble High Court may kindly be pleased to issue appropriate writ,
order or direction by which the respondents may be
directed to follow proper procedure before implicating an accused for offence under Section 379 of I.P.C. Further the Hon'ble Court may kindly be pleased to give direction to the respondent to not to implicate petitioner in false criminal case.
[2025:RJ-JP:148] (2 of 2) [CRLW-1020/2018] Any other appropriate order or direction which this Hon'ble Court deems fit and proper in favour of the accused petitioner may kindly be passed."
2. By way of filing of this criminal writ petition, the petitioner is seeking direction against the respondents to implicate the accused under Section 379 I.P.C., after following proper procedure.
3. This Court, though has not issued notices to the respondents, however, reply has been submitted by the SHO/ IO, after investigation, wherein it is stated that charge-sheet has already been submitted against the accused-Kamlesh Kumar, Gyan Chand and Sunil Kumar @ Sonu under Section 379 I.P.C. before the concerned Court on 30.09.2015.
4. Looking to the aforesaid factual aspect of the matter, this petition has become infructuous. Accordingly, the instant petition is dismissed as having become infructuous.
5. Stay application and all pending applications, if any, also stand dismissed.
(ANOOP KUMAR DHAND),J Aayush Sharma /140