[2025:RJ-JP:50041] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5557/2025 Vikram Yadav S/o Shri Jagdish Prasad, aged about 28 Years, R/o Pothawali Dhani, Divrala, Police Station Ajitgarh, District Sikar, Rajasthan. ----Petitioner Versus 1. State of Rajasthan, Through P.P. 2. Roshan Kumar Yadav S/o Shri Ramgopal Yadav, aged about 26 Years, R/o Raghunathpura Jalsu, Tehsil Aamer, District Jaipur (Rajasthan). ----Respondents For Petitioner(s) : Mr.Shishram Saini For Respondent(s) : Mr.Rajesh Choudhary, GA-cum-AAG Mr.Vivek Choudhary, PP JUSTICE ANOOP KUMAR DHAND Order 09/12/2025 1. By way of filing the instant criminal misc. petition, a prayer has been made for quashing the impugned F.I.R. No.134/2025 registered at the Police Station Karnivihar, District Jaipur (West) for the offence under Sections 420 & 406 of IPC. 2. Learned counsel for the petitioner submits that as per the allegations levelled in the impugned F.I.R., certain amount of money was given by the complainant to the petitioner on his request and the same was not returned. Counsel submits that such allegation amounts to civil dispute between the parties for which the impugned F.I.R. cannot be registered for recovery of money. Hence, under these circumstances, interference of this Court is warranted. 3. Per contra, learned Public Prosecutor opposed the prayer and submitted that the allegations levelled in the impugned F.I.R. [2025:RJ-JP:50041] (2 of 2) [CRLMP-5557/2025] reveal commission of a cognizable offence 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 petitioner is liable to rejected. 4. Heard and considered the submissions made at the Bar and perused the material available on record. 5. Perusal of the record reveals that the allegations levelled against the petitioner in the impugned F.I.R. reveal commission of a cognizable offence and the same is required to be investigated by the Investigating Officer. At this stage, this Court cannot adjudicate the dispute between the parties as to whether the allegations levelled in the impugned F.I.R. amounts to a suit pertaining to civil dispute or recovery of amount. Certainly, the Investigating Officer would enquire about the allegations and submit his conclusive report before the Court of law. 6. However, the petitioner would be at liberty to submit a representation along-with relevant documents in support thereof before the Investigating Officer, who 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, he would issue notice under Section 35 of the B.N.S.S. to the petitioner. 8. With the aforesaid observations, the instant criminal misc. petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /31