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2025 DAILYLAW 37113 (RAJ)

HANESH GURJAR SON OF PHULARAM v. STATE OF RAJASTHAN

CRLMP/6998/2025 · 2025-11-03

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6998/2025 Hanesh Gurjar Son Of Phularam, Resident Of Kuhara, Sarund, Kotputli- Behror , Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Rajbala Devi Wife Of Ranjeet, Aged About 30 Years, R/o Bopiya, Police Station And Tehsil Patan, District Sikar. ----Respondents For Petitioner(s) : Mr. Mukesh Kumar Saini For Respondent(s) : Mr. Amit Gupta, PP JUSTICE ANOOP KUMAR DHAND Order 03/11/2025 1. By way of filing this petition, a prayer has been made for quashing of the impugned FIR No.243/2025 registered with Police Station Sarund, District Kotputli-Behror for the offences under Sections 318(4), 316(2), 352, 351(2), 351(3) of the BNS, 2023. 2. Learned counsel for the petitioner submits that the allegations of committing rape with the prosecutrix have been levelled against the petitioner in the impugned FIR. Counsel submits that the prosecutrix is in habit of lodging false cases against anyone and she has lodged several cases with similar allegations against other persons also. Counsel submits that the petitioner has simply given shelter to the complainant and thereafter she started demanding money and she has subsequently lodged impugned false FIR with vague allegations. Hence, interference of this Court is warranted. (2 of 2) [CRLMP-6998/2025] 3. Per contra, learned Public Prosecutor opposed the prayer and submitted that the allegations levelled in the FIR reveal commission of cognizable offence, which are required to be investigated by the Investigating Agency. Hence, interference of this Court is not warranted. 4. Having regard to the facts and circumstances of the case and looking to the nature of allegations levelled in the FIR, this Court finds that the matter is required to be investigated by the Investigating Agency. 5. This Court cannot adjudicate the correctness and genuineness of the allegations levelled against the petitioner in the FIR, while invoking the inherent powers contained under Section 528 of the BNSS. Certainly, it is the subject matter of investigation. This Court finds no merit and substance in the petition. 6. Accordingly, the instant criminal misc. petition stands rejected. The stay application and all pending applications, if any, also stand rejected. (ANOOP KUMAR DHAND),J KuD/46