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2025 DAILYLAW 38067 (RAJ)

RAIS KHAN S/O SHRI CHAND KHAN v. STATE OF RAJASTHAN

CRLMP/530/2024 · 2025-09-10

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:36558] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 530/2024 Rais Khan S/o Shri Chand Khan, R/o House No. 2-Gha-6, 1, Near Minar Masjid, Chhawani, P.S. Gumanpura, District Kota. ----Petitioner Versus State of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Shamsuddin Ansari For Respondent(s) : Mr. Shree Ram Dhakad-PP JUSTICE ANOOP KUMAR DHAND Order 10/09/2025 1. By way of filing this criminal misc. petition, a challenge has been led to the impugned FIR No. 32/2024 registered with the Police Station Gumanpura, Kota (City) for the offences under Section 420 IPC and Sections 63 and 65 of the Copyright Act, 1957 (for short, ‘the Act of 1957’) wherein it has been alleged against the petitioner that he is selling fake pipes of Prince Flowfit Plus. 2. Counsel for the petitioner submits that the petitioner is not selling any fabricated pipes in the name of Prince Flowfit Plus rather he is holding a valid license to sell the products of Prince Flowfit Plus but inspite of the above, the Investigating Agency is bent upon to prosecute the petitioner for the above mentioned offences, hence the FIR lodged against the petitioner is liable to be quashed and set aside. [2025:RJ-JP:36558] (2 of 2) [CRLMP-530/2024] 3. Per contra, learned Public Prosecutor opposed the prayer made by counsel for the petitioner and submitted that the petitioner is not holding any license issued by the company- Prince Flowfit Plus rather he is in possession of a license of Prince Company. Counsel submits that under these circumstances, the prima facie case has been made against the petitioner for the above stated offences, hence under these circumstances interference of this Court is not warranted. 4. Heard and considered the submissions made at Bar and perused the material available on record. 5. It is settled proposition of law that while entertaining the petition filed under Section 482 Cr.P.C. for quashing of FIR, the prima facie case is required to be seen and the defence so put by the accused cannot be looked into at this stage, the same can be appreciated at the appropriate stage. 6. If the petitioner is claiming himself as valid license holder of the Prince Flowfit Plus Company, he is at liberty to submit the relevant documents before the Investigating Agency by way of filing appropriate representation. 7. In case, such representation is submitted by the petitioner along with relevant documents, it is expected from the concerned Investigating Officer to examine the same and proceed with the matter strictly in accordance with law. 8. With the aforesaid observations, the criminal misc. petition stands disposed of. (ANOOP KUMAR DHAND),J Ashu/48