[2025:RJ-JP:46441] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.1235/2025 Harvendra Mathur S/o Sohan Mathur, 207, Shyampuri Colony, Kanta Choraha, Jaipur. ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Anandi Lal Kumawat Son Of Shri Maliram Kumawat, Resident Of Plot No. 4, Ridhi- Sidhi Nagar, Nangal Road, Niwaru Byepass, Jhotwara, Jaipur. ----Respondents Connected With S.B. Criminal Miscellaneous (Petition) No.2275/2022 Anandi Lal Kumawat Son Of Shri Maliram Kumawat, Resident Of Plot No. 4, Ridhi-Sidhi Nagar, Nangal Road, Niwaru Byepass, Jhotwara, Jaipur. ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Director General Of Police, Jaipur. 3. Additional Director General Of Anti Corruption Bureau, Jaipur. 4. Commissioner Of Police, Jaipur. 5. S.h.o. Police Station Kardhani, Jaipur. 6. Shri Moti Lal Sharma Investigation Officers Of Fir No. 1072/2021, P.s. Kardhani, Jaipur. 7. Harvendra Mathur Son Of Shri Sohang Mathur, Resident Of 207, Shyampuri Colony, Jhotwara, Jaipur. 8. Kalim Ahmed Son Of Shabbir Ahmed, Resident Of 33/34, Ram Nagar Shopping Centre, Shastri Nagar, Jaipur. 9. Girraj Prasad Matha Son Of Shri Laxminarayan Matha, Resident Of 2/420, Vidyadhar Nagar, Jaipur. 10. Subhash Chand Gupta Son Of Shri Madan Lal Gupta, Resident Of 1/420, Vidyadhar Nagar, Jaipur. All partners of M/s. Royal Chemicals and Fertilisers (Partnership) Company registered office at 33/34, [2025:RJ-JP:46441] (2 of 5) [CRLMP-1235/2025] Ramnagar Shopping Centre, Shastri Nagar, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Madhav Mitra, Senior Advocate assisted by Ms. Jaya Mitra For Respondent(s) : Mr. S.N. Kumawat Mr. Tribhuvan Narayan Singh Mr. Amit Punia, PP JUSTICE ANOOP KUMAR DHAND Order 18/11/2025 1. With the consent of counsel for the parties, both these matters are heard together and are being decided by this common order. 2. S.B. Criminal Misc. Petition No.1235/2025 has been submitted by the accused-petitioner for quashing the proceedings arising out of the FIR No.1072/2021 registered with Police Station Kardhani, Jaipur (West) for the offences under Sections 420, 406, 467, 468, 471, 120-B and 34 IPC. While S.B. Criminal Misc. Petition No.2275/2022 has been submitted by the complainant- petitioner seeking directions to the Investigating Officer for conducting fair and impartial investigation of the above mentioned F.I.R. 3. Learned Senior counsel appearing on behalf of the accused- petitioner submits that the complainant was working in the partnership firm known as M/s Royal Chemicals and Fertilizers in the capacity of a Chemist. Learned counsel submits that on account of failure of samples of fertilizers, certain complaints have been filed, wherein the complainant has been exonerated. Learned [2025:RJ-JP:46441] (3 of 5) [CRLMP-1235/2025] counsel submits that on account of some financial dispute, the complainant furnished his resignation in the year 2015 and thereafter, this belated F.I.R. has been registered, after six years to extort money from the partners of the aforesaid partnership firm. Learned counsel submits that the complainant is in a habit of making signatures in different names and different hand writings, hence, under these circumstances, incorrect report from Forensic Science Laboratory has come. Learned counsel submits that the petitioner has not committed any offence whatsoever, but in spite of above, a vague complaint has been filed, wherein baseless allegations have been levelled, hence, the proceedings arising out of the impugned F.I.R. be quashed. Lastly, he argued that the matter was investigated thrice by the different Investigating Officers and final report negative was proposed. 4. Per contra, learned counsel appearing on behalf of the complainant as well as learned Public Prosecutor oppose the prayer and submit that the complainant never got appointed in the partnership firm known as M/s. Royal Chemicals and Fertilizers, his documents have been misused by the partners of the aforesaid firm for getting licence for the fertilizers. Learned counsel submits that when the samples of fertilizers failed, the complainant was made an accused in different Courts. Learned counsel submits that when these facts came into the notice of the complainant, the impugned F.I.R. was registered against the accused persons for misusing his educational documents and forging his signatures. Learned counsel submits that the contents of the allegations levelled in the F.I.R. reveal commission of a cognizable offence [2025:RJ-JP:46441] (4 of 5) [CRLMP-1235/2025] and the same is required to be investigated by the Investigating Agency, hence, interference of this Court is not warranted and the petition filed by the accused-petitioner is liable to be rejected. 5. Learned counsel for the complainant further submits that the impugned FIR was registered way-back in the year 2021 and till date the report of the conclusion of the investigation conducted so far has not been furnished before the concerned court, hence, appropriate directions be issued. 6. Heard and considered the submissions made at the Bar and perused the material available on the record. 7. Having regard to the facts and circumstances of the case, this Court is not going to examine the correctness of allegations levelled against the petitioner by the complainant. It is a settled proposition of law that if the allegations mentioned in the FIR reveal commission of a cognizable offence, then certainly it would be examined by the Investigating Officer by conducting proper investigation. The correctness and genuineness of the allegations cannot be examined by this Court by invoking its inherent jurisdiction contained under Section 528 BNSS. 8. However, the accused-petitioner would be at liberty to approach the Investigating Officer by way of filing a representation along-with all documents, who shall consider the same strictly in accordance with law. 9. The Investigating Officer is directed to consider the averments of the same and in case, he comes to the conclusion that a cognizable offence is made out against the petitioner, then he shall ensure the compliance of the mandatory provisions contained under Section 35 of the BNSS. [2025:RJ-JP:46441] (5 of 5) [CRLMP-1235/2025] 10. Before parting with this order, the Court makes an observation that the matter pertains to the year 2021, it is expected from the concerned Investigating Officer to take all possible steps to conclude the investigation and submit the report before the concerned court expeditiously, as early as possible, without being prejudice by any of the observations made by this Court. 11. With the aforesaid observations, both these criminal misc. petitions stand disposed of. The stay applications and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J Karan/11-12