[2025:RJ-JP:39241] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6063/2023 H K Sharma @ Hans Kumar Sharma S/o Late Shri Mohan Lal Sharma, 14/249, Shipra Path, Mansarovar, Jaipur 302020 (Rajasthan). ----Petitioner Versus State Of Rajasthan, Through Its Public Prosecutor, Rajasthan High Court Premises, Jaipur 302005. ----Respondent For Petitioner(s) : Mr. V.D. Agnihotri, Adv. For Respondent(s) : Mr. Rishiraj Singh Rathore, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 23/09/2025 1. Instant Criminal Miscellaneous Petition under Section 482 Cr.P.C. was filed by petitioner on 12.09.2023, making a prayer to quash the FIR No.205/2013 registered at Police Station Mansarovar, District Jaipur City (East) for offences under Sections 323, 341, 452 & 379 of IPC as also to quash the criminal proceedings of Criminal Case No.1578/2018 titled as State Vs. Hans Kumar arising therefrom and pending before the Court of Metropolitan Magistrate No.6, Jaipur Metropolitan-I (hereinafter referred to as the 'trial Court') at the stage of taking cognizance. 2. Counsel for petitioner at the outset pointed out that the complainant, namely, Mr. Prakash Shukla who lodged the impugned FIR has passed away in the year 2020. Learned counsel submits that after investigation in the impugned FIR, charge-sheet has been filed and trial Court took cognizance for offence under [2025:RJ-JP:39241] (2 of 3) [CRLMP-6063/2023] Sections 341, 323 & 34 of IPC vide order dated 15.01.2014 whereagainst petitioner filed criminal revision. The Revisional Court, i.e., Additional Sessions Judge No.16, Jaipur Metropolitan vide order dated 11.06.2014, set aside the order of cognizance and remanded the matter to consider afresh and the criminal case is pending at that stage since then. 3. Learned Public Prosecutor on behalf of respondent states that the contents of FIR disclose commission of cognizable offence and after investigation, charge-sheet has been filed against the petitioner. If the order of cognizance has not been passed after submission of charge-sheet and order of remand dated 11.06.2014, the same can be considered by the trial Court expeditiously, in accordance with law. 4. Having considered the rival submissions, prima facie, this Court finds that the FIR discloses commission of cognizable offence and has been found proved in the investigation and charge-sheet for offence under Sections 341 & 323 of IPC has been filed against the petitioner, hence at this stage, this Court refrain itself to exercise its inherent and extraordinary jurisdiction under Section 482 Cr.P.C. to quash the impugned FIR and consequential proceedings, however, in view of fact that complainant has stated to be passed away and the matter is pending at the stage of cognizance since 2014 before the Judicial Magistrate, it is hereby directed that the concerned Judicial Magistrate shall consider the material and form an opinion that whether there are sufficient grounds to take cognizance or not and to proceed against the petitioner. The needful be done within a period of three months from the date of receipt of the copy of this [2025:RJ-JP:39241] (3 of 3) [CRLMP-6063/2023] order and petitioner may be given an opportunity to put his submissions though not for producing the evidence. 5. Accordingly, the present petition stands disposed of. 6. All pending application(s), if any, also stand(s) disposed of. 7. A copy of this order be sent to the trial Court, for compliance. (SUDESH BANSAL),J Mohita/Ronak/56