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2025 DAILYLAW 33136 (RAJ)

SAIKUL SON OF JAKAR @ JAKIR KHAN v. STATE OF RAJASTHAN

CRLMP/7737/2024 · 2025-01-02

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7737/2024 Saikul son of Jakar @ Jakir Khan, Resident Of Village Tigon, Tehsil Firojpur, Jhirka, District Nuh, Haryana. ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Amit Gupta, Manager, Green Bayomas Energy LLP- 3, Mahadev Nagar, Dehara Jatawali Industries Area, Samod, R/o 7/32, Vidhadhar Nagar, Jaipur. ----Respondents For Petitioner(s) : Mr. Mohd. Shakir Khan For Respondent(s) : Mr. Vivek Choudhary, PP JUSTICE ANOOP KUMAR DHAND Order 02/01/2025 1. The instant petition has been preferred under Section 528 BNSS for quashing of FIR No.110/2023 registered with Police Station Samod, District Jaipur Rural under Section 379 IPC. 2. Counsel for the petitioner submits that as per the case of the complainant, four accused persons have committed the incident of theft and all the four accused persons were arrested. Counsel submits that subsequently, the petitioner has been falsely implicated in the case without any basis, hence, under these circumstances, interference of this Court is warranted. 3. Per contra, learned Public Prosecutor opposed the prayer and submitted that after thorough investigation, (2 of 2) [CRLMP-7737/2024] charge-sheet has already been submitted against co- accused persons namely Hamid, Mubarik, Kadir, Shaukeen and Rajendra Kumar, while the investigation with regard to other three co-accused persons, including the petitioner, has also been concluded and the Police has proposed to submit charge-sheet against them under Section 299 Cr.P.C., as they are absconding. 4. Considering the arguments put forward by the counsel for the parties and looking to the fact that after investigation, involvement of the petitioner has been found in the alleged incident, at this stage, this Court is not inclined to accept this petition for quashing of FIR. However, the petitioner would be at liberty to take all his plausible defence at the appropriate stage of trial. 5. In view of the above observations, the instant criminal misc. petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/119