Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 3764 (RAJ)

KAVITA SHARMA W/O NARESH SHARMA v. STATE OF RAJASTHAN

CRLMP/537/2025 · 2025-05-21

Sameer Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:21405] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 537/2025 Kavita Sharma W/o Naresh Sharma, R/o Virjapada Pura Shahar, Kotwali Dholpur, District Dholpur. ----Accused/Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. ----Respondent 2. Madhu Sharma W/o Bhanu Sharma, R/o Nabab Sahab Ka Bada, Bajriya, Nihalganj, District Dholpur, Presently President, Child Welfare Committee, DLR Sadar Dholpur, District Dholpur. ----Complainant/Respondent Connected With S.B. Criminal Miscellaneous (Petition) No. 7/2025 Sonpal Singh S/o Kailashi Ram, Aged About 39 Years, Resident Of Aam Ka Pura, Nadauli, District Dholpur. (Raj) ----Accused/Petitioner Versus 1. State Of Rajasthan, Through P.P. 2. Superintendent Of Police, District Dholpur, (Raj.) 3. SHO, Police Station Sadar Dholpur, District Dholpur. (Raj) ----Respondents 4. Madhu Sharma W/o Bhanu Sharma, Resident Of C/o Durga Dutt Shashtri, Baada Nawab Sahab, Bajariya Dholpur, Presently Resident Of Child Welfare Committee, Dlr, Sadar Dholpur, District Dholpur. (Raj) ----Complainant/Respondent S.B. Criminal Miscellaneous (Petition) No. 536/2025 Majid Sharifi S/o Abdul Sattar, Aged About 39 Years, Resident Of Taliya Road, Dholpur (Raj). ----Accused/Petitioner Versus 1. State Of Rajasthan, Through P.P. 2. Superintendent Of Police, District Dholpur (Raj). [2025:RJ-JP:21405] (2 of 4) [CRLMP-537/2025] 3. SHO, Police Station Sadar Dholpur, District Dholpur (Raj). ----Respondents 4. Madhu Sharma W/o Bhanu Sharma, Resident Of C/o Durga Dutt Shastri, Baada Nawab Sahab, Bajariya Dholpur, Presently President Of Child Welfare Committee, DLR, Sadar Dholpur, District Dholpur (Raj) ----Complainant/Respondent For Petitioner(s) : Mr. Ashish Poonia Mr. Deepak Khandelwal Ms. Gauri Meena For Respondent(s) : Mr. Rishi Raj Singh Rathore, P.P. with Mr. Manvendra Singh Shekhawat, P.P. Mr. Hemant Singh Shekhawat Mr. Rupendra Singh Rathore Mr. Munesh Kumar Mr. Deepak Sharma Mr. Puspendra Singh Rana HON'BLE MR. JUSTICE SAMEER JAIN Judgment 21/05/2025 Taking note of the fact that instant petitions have akin factual matrix, the same were clubbed together and are henceforth adjudicated vide this common judgment. The instant judgment shall be made applicable on mutatis mutandis basis on the present bunch of petitions. The present petitions are filed under Section 528 of BNSS, 2023 seeking quashing of FIR No.452/2024 dated 13.12.2024 registered at Police Station, Sadar, District Dholpur for offence under Sections 199(b) and 61(2)(a) of BNS. Learned counsel for the petitioners has submitted that the complainant/respondent No.2 (S.B. CRLMP No.537/2025) has filed a complaint before Superintendent of Police, Dholpur, which is [2025:RJ-JP:21405] (3 of 4) [CRLMP-537/2025] further sent for investigation to the Station House Officer and upon that impugned FIR is made to be registered against the petitioner and other persons. It is further submitted that the impugned FIR is lodged with false and fabricated story. Further, it is submitted that the petitioners are members of the Child Welfare Committee, Dholpur (hereinafter referred as CWC), wherein they have carried out the duties assigned to them in a bonafide manner. Furthermore, it is submitted that on account of certain ongoing dispute, judicial decision was taken in a bonafide manner in the matter pertaining to Protection of Child from Sexual Offence (for short, "POCSO"). However, the said decision was taken without making the Chairman of the CWC as a party. Per contra, learned counsel for the respondents has refuted the above said contentions of the learned counsel for the petitioners and has submitted that report form the concerned Collector has suggested that irregularities/improprieties were committed by the petitioners while discharging their official duties. In compliance of the directions passed vide order dated 20.05.2025, Investigating Officer has marked presence in the Court and has submitted that investigation in the instant matter is ongoing and will be concluded, shortly. It is further submitted that the petitioners have not co-operated with the investigation in the instant matter. Considering the forgoing facts and circumstances of the case, taking note of the fact that matter in hand involves disputed question of facts, therefore, this Court without interfering in the instant matters, directs the concerned Investigating Officer [2025:RJ-JP:21405] (4 of 4) [CRLMP-537/2025] (Present in Court) to provide one opportunity to the petitioners to submit their representations on 27.05.2025 at 11:00 AM, which is to be considered by the concerned Investigating Officer before taking any final decision under the supervision of concerned Superintendent of Police. Superintendent of Police/concerned Investigating Officer after considering the petitioners representations, is expected to conclude the investigation, expeditiously, preferably within an upper limit of four weeks. Accordingly, the present petitions are disposed of. Pending application(s), if any, shall stands disposed of. Copy of this judgment be placed in connected petitions. (SAMEER JAIN),J GAURAV/303-305