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2025 DAILYLAW 34397 (RAJ)

ABDUL SHAKUR S/O SHRI SUBHAN KHATRI B/C MUSALMAN v. STATE OF RAJASTHAN

CRLMP/6826/2018 · 2025-07-29

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:28677] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6826/2018 Abdul Shakur S/o Shri Subhan Khatri, R/o Near Wajid Kua, Ward No. 10, Mohalla Vyapariyan, Sikar Tehsil And Distt. Sikar (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Ahsanul Haq S/o Shri Abdullah Tanwar, R/o Near Wajid Kua, Ward No. 5, Mohalla Vyapariyan, Sikar Tehsil And Distt. Sikar (Raj.) 3. Rahamat Bano W/o Shri Ahsanul Haq, R/o Near Wajid Kua, Ward No. 5, Mohalla Vyapariyan, Sikar Tehsil And Distt. Sikar (Raj.) ----Respondents For Petitioner(s) : Mr. Shamsul Aarefin, Adv. For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 29/07/2025 1. The petitioner has challenged the impugned order dated 19.03.2015, whereby, the protest petition filed by the complainant/petitioner and plea for taking cognizance against the respondents was dismissed and the revision petition was also dismissed. 2. It is contended by learned counsel for the petitioner that prima facie there was enough material available on record to presume that offence under Sections 420, 406 and 120-B of IPC are made out against the respondents. 3. Learned Public Prosecutor justifies the order passed by the learned trial Court as well as Revisional Court. [2025:RJ-JP:28677] (2 of 2) [CRLMP-6826/2018] 4. Heard and perused the material available on record. 5. The FIR was lodged against the respondents under Sections 420, 406 and 120-B of IPC, the Police after investigation did not find commission of offence against the respondents and filed the final report, the same was accepted by the learned trial Court after hearing the petitioner. The learned trial Court vide order dated 19.03.2015 observed that the allegations pertains to a civil dispute arose between the parties and no criminal case is made out against the respondents. The Revisional Court also concurred with the observations made by the learned trial Court as the order of the trial Court rests upon the investigation report and other material placed on the record before it. 6. Considering the above facts, this Court does not find any infirmity or perversity in the findings arrived at by the trial Court as well as the Revisional Court, the petition is devoid of any merit and is hereby dismissed. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-37