HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7594/2025 Rishikesh Meena S/o Natholi Ram Meena, Aged About 38 Years, R/o Reserve Police Line, Sawai Madhopur, District Sawai Madhopur ( Rajasthan). ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor, Jaipur (Rajasthan). 2. Babulal Meena S/o Shri Ramdhan Meena, Aged About 58 Years, R/o Raipur, Police Station Mandawar, District Dausa. ----Respondents For Petitioner(s) : Mr. Aatish Jain For Respondent(s) : Mr. Vivek Choudhary-PP JUSTICE ANOOP KUMAR DHAND Order 10/12/2025 1. By way of filing the present criminal misc. petition, a prayer has been made for quashing the impugned FIR No. 543/2023 registered with Police Station Navi Mandi Hindaun, District Karauli. 2. Counsel for the petitioner submits that the petitioner has not been named in the impugned FIR and was assigned on duty at the relevant time when the alleged incident has occurred. Counsel submits that record is available in this regard, but inspite of the above, the police are bent upon to apprehend the petitioner. Hence, interference of this Court is warranted. 3. Per contra, learned Public Prosecutor opposes the arguments raised by counsel for the petitioner and submits that the allegations levelled in the impugned FIR reveal the commission of (2 of 2) [CRLMP-7594/2025] a cognizable offence and the same is required to be investigated by the Investigating Agency. Hence, interference of this Court is not warranted. 4. Heard and considered the submissions made at Bar and perused the material available on record. 5. Whether the petitioner was present at the place of occurrence or not, or whether he was posted at the place of his assigned duty at the relevant time or not. These facts are required to be investigated by the Investigating Agency during the course of investigation. The plea of alibi cannot be adjudged by this Court at this stage while exercising its power contained under Section 528 of BNSS. Certainly, this task has been assigned to the Investigating Officer. 6. However, the petitioner would be at liberty to submit a detailed comprehensive representation along-with relevant documents in support of his contentions before the Investigating Officer. The Investigating Officer shall consider the same strictly in accordance with law. 7. In case, the Investigating Officer comes to the conclusion that any cognizable offence is made out against the petitioner, then he shall issue a notice under Section 35 BNSS to the petitioner. 8. Accordingly, the criminal misc. petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/53