[2025:RJ-JP:2337] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 8795/2024 Kushal Choudhary Son of Shri R.P. Singh, aged About 44 Years, Resident of 44-B, Jivan Vihar, Rajni Vihar, Ajmer Road, Jaipur (Raj.) ----Petitioner Versus 1. State of Rajasthan, through P.P. 2. The Commissioner of Police, Jaipur, Rajasthan. 3. The Deputy Commissioner of Police, District Jaipur - West, Jaipur (Raj.). 4. The Station House Officer, Police Station-Karni Vihar, District Jaipur West Jaipur (Raj.). 5. Vijay Singh S/o Ram Singh, Resident of Plot No. A-31, Jain Vihar Colony, Kamla Nehru Nagar, Police Station Bhankrota, Jaipur (Raj.) ----Respondents For Petitioner(s) : Mr. Babu Lal Nasuna For Respondent(s) : Mr. Vivek Choudhary, PP JUSTICE ANOOP KUMAR DHAND Order 16/01/2025 1. The instant misc. petition has been filed for quashing of the FIR No. 622/2024 registered with Police Station Karni Vihar, Jaipur City-West, Jaipur for the offence under Sections 319(2), 338, 336(3), 336(4), 340(2), 353(2), 356(2), 356(3), 356(4) of BNS & 66D of IT Act, 2000. 2. Counsel for the petitioner submits that from bare reading of the FIR and contents no offence is made out against the petitioner. Counsel submits that the petitioner is a follower and believer of [2025:RJ-JP:2337] (2 of 3) [CRLMP-8795/2024] RSS if he has written any letter to any authority of RSS for his appointment in any branch of RSS it does not amount to any offence. Counsel submits that even the FIR has not been registered by the person who is competent to lodge the same. Hence under these circumstances, interference of this Court is warranted. 3. Heard and considered the submissions made at Bar and perused the material available on the record. 4. After going through the contents of the FIR as well as the facutal report furnished by SHO, Police Station Karni Vihar, Jaipur West, Jaipur it appears that 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 528 of BNSS is not supposed to make a roving/fishing inquiry and to embark upon a probe to ascertain the genuineness and reliability of the allegations mentioned in the FIR. Certainly, it would surely 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. However, the petitioner would be at liberty to file a representation before the Investigating Officer, who shall consider the same in accordance with law. 6. In case, the Investigating Officer comes to the conclusion that a cognizable offence is made out against the petitioner, he shall proceed against the petitioner in accordance with law. 7. With the aforesaid observations, the instant criminal misc. petition stands disposed of. [2025:RJ-JP:2337] (3 of 3) [CRLMP-8795/2024] 8. The stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Garima/137