[2025:RJ-JP:45867] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6456/2024 1. Kamal Chand Sharma S/o Late Phool Chand, Aged About 51 Years, R/o Petrol Pump Ke Saamne Balaji Mandir Ki Gali, Jamat Newai, District Tonk, Pin. 2. Meera Devi Wife Of Kamal Chand Sharma, Aged About 46 Years, R/o Petrol Pump Ke Saamne Balaji Mandir Ki Gali, Jamat Newai, District Tonk , Pin. ----Petitioners Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Chhota Devi Wife Of Late Mahaveer Prasad Sharma, Aged About 48 Years, R/o Petrol Pump Ke Saamne Balaji Mandir Ki Gali, Jamat Newai, District Tonk, Pin. ----Respondents For Petitioner(s) : Mr.Mitul Jain For Respondent(s) : Mr.Amit Punia, PP Mr.Parth Sharma for Mr.Sudhir Jain JUSTICE ANOOP KUMAR DHAND Order 14/11/2025 1. By way of filing this criminal misc. petition, a prayer has been made for quashing of the F.I.R. No.363/2024 registered with Police Station Niwai, District Tonk under Sections 331(6), 115(2) & 3(5) of BNS, 2023. 2. Learned counsel for the petitioners submits that a civil suit with regard to the subject land is pending before the Court of Sub- Divisional Officer, Niwai, wherein an interim order has been passed on 30.01.2024 by which the parties have been directed to maintain status quo of the site and revenue records. [2025:RJ-JP:45867] (2 of 3) [CRLMP-6456/2024] 3. Learned counsel for the petitioners submits that in violation of the aforesaid order, the complainant party wanted to take forceful possession and when objection was raised by the petitioners, the impugned F.I.R. has been registered with false allegations. Counsel submits that cross-cases have been registered between the parties, hence, under these circumstances, the impugned F.I.R. registered against the petitioners be quashed. 4. Per contra, learned Public Prosecutor as well as counsel appearing on behalf of the complainant submitted that the place of incident in the impugned F.I.R. is altogether different from the subject land, which is under dispute before the Revenue Court. Counsel submits that the contents of the impugned F.I.R. reveal commission of a cognizable offence by the petitioners and the same is required to be investigated by the Investigating Agency, hence interference of this Court is not warranted. 5. Having heard counsel for the parties, this Court at this stage while exercising its inherent powers contained under Section 528 of B.N.S.S. cannot examine the correctness and genuineness of the allegations levelled by the parties against each other. The contents of the F.I.R. reveal commission of a cognizable offence by the petitioners and it is a task assigned to the Investigating Agency to investigate the same. 6. However, the petitioners would be at liberty to move appropriate representation along-with supporting documents before the Investigating Officer, who shall examine the contents of the same strictly in accordance with law. [2025:RJ-JP:45867] (3 of 3) [CRLMP-6456/2024] 7. With the aforesaid observations/directions, the instant criminal misc. petition stands disposed of. The stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /8