SURESH KUMAR GURJAR S/O SHRI PRABHAT RAM GURJAR v. STATE OF RAJASTHAN
CRLMP/7555/2023 · 2025-01-15
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33329 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33329 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.7555/2023 Suresh Kumar Gurjar S/o Shri Prabhat Ram Gurjar, Aged About 43 Years, Resident of Village Sirohi, Tehsil Aamer, District Jaipur, Raj. ----Petitioner Versus
1. State Of Rajasthan, Through Public Prosecutor, Rajasthan High Court, Jaipur Bench, Jaipur.
2. Shri Narendra Kumar Swami S/o Shri Kalu Ram Swami, Resident Of Village Lisariya, Tehsil- Sri Madhopur, District Sikar (Raj). ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. JS Rathore, PP Mr. Surya Pratap Singh JUSTICE ANOOP KUMAR DHAND
Order 15/01/2025
1. By way of filing of this petition, a challenge has been led to the impugned FIR No.405/2023 registered with Police Station Chandwaji, District Jaipur Rural for the offences under Sections 143, 323, 341, 342, 365 and 382 IPC.
2. Contents of the petition indicate that there was a dispute with regard to payment of bill of Rs.63,000/- and the owner of the vehicle gave the cheque and same was dishonored. It has also been stated in the grounds that in
order to create pressure upon the petitioner, the instant FIR has been registered.
3. Heard and considered the contents of the petition.
(2 of 2) [CRLMP-7555/2023]
4. After going through the contents of the petition as well FIR, it appears that the allegations levelled in the FIR disclose that the alleged offence is cognizable and the matter requires investigation. This Court while exercising the discretionary powers contained under Section 482 Cr.P.C. is not supposed to make a roving/fishing inquiry and to embark upon a probe to ascertain the correctness, 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.
5. Accordingly, the instant criminal misc. petition as well as the stay application stand rejected. Pending application, if any, stand disposed of.
(ANOOP KUMAR DHAND),J KuD/86