[2025:RJ-JP:2154] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 224/2025 1. Firoj @ Tammo Son Of Mohammad Rasid, Resident Of Jhalawar, Kotwali Jhalawar, Rajasthan. 2. Javed Son Of Mohammad Rasid, Resident Of Jhalawar, Kotwali Jhalawar, Rajasthan. 3. Rinku @ Azhar Son Of Mohammad Rasid, Resident Of Jhalawar, Kotwali Jhalawar, Rajasthan. ----Petitioners Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Smt. Dipika Gour Wife Of Gajman, Resident Of Khari Baori Ke Pass, Khati Mohalla, Mangalpura, Jhalawar, Kotwali Jhalawar, Rajasthan. ----Respondents For Petitioner(s) : Mr.Naval Kishore Saini For Respondent(s) : Mr.Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND Order 16/01/2025 1. By way of filing of this petition, the petitioners have approached this Court for quashing of F.I.R. No.724/2024 registered at Police Station Kotwali, Jhalawar for the offences under Sections 126(2), 352 and 3(5) of B.N.S., 2023. 2. Learned counsel for the petitioners submits that with regard to a civil dispute between the parties, the father of the petitioner has filed a suit for injunction against the complainant and several other persons before the Court of Civil Judge on 30.09.2024. 3. Counsel submits that in counter blast to the aforesaid civil suit, the instant false suit with false and vague allegations have [2025:RJ-JP:2154] (2 of 3) [CRLMP-224/2025] been levelled against the petitioners. Counsel submits that in fact no such incident was occurred, but the petitioners have been falsely booked in the matter, hence under these circumstances, interference of this Court is warranted. 4. Per contra, learned Public Prosecutor opposed the submissions made by the counsel for the petitioners. 5. Heard and considered the submissions made at Bar and perused the contents of the FIR. 6. After going through the contents of the FIR, it appears that the allegations levelled in the F.I.R. disclose that the alleged offence is cognizable and the matter requires investigation. While exercising the discretionary powers contained under Section 528 of B.N.S.S., this Court 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 levelled in the FIR. Certainly, it would be a task to be undertaken by the Investigating Officer, therefore, this Court is not inclined to interfere with the course of investigation. 7. The petitioners may file a detailed/ comprehensive representation before the Investigating Officer. 8. The Investigating Officer is directed to consider the averments of the same in the investigation and in case, the Investigating Officer comes to the conclusion that a cognizable offence is made out against the petitioners then, he shall ensure the compliance of the mandatory provisions contained under Section 35 of the B.N.S.S. before proceeding against them. [2025:RJ-JP:2154] (3 of 3) [CRLMP-224/2025] 9. In case, the Investigation Officer comes to the conclusion that the arrest of the petitioners is required, then at least 15 days advance notice be given to the petitioners before proceeding against them. 10. With the aforesaid 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 Aayush Sharma /47