HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 8349/2024 Devendra Pal Singh @ Goldie S/o Manohar Singh, Aged About 38 Years, R/o 7/91, Kishanganj, Beawar, District Beawar. ----Petitioner Versus 1. State Of Rajasthan, Through P.P. 2. Narendra Jhanwar S/o Shri Ram Prakash Jhanwar, R/o Behind Ashapura Mata Temple, Jawahar Bhawan Road, Beawar, P.S. Saket Nagar, District Beawar. ----Respondents For Petitioner(s) : Mr. Jai Prakash Gupta For Respondent(s) : Mr. Jitendra Singh Rathore, PP Mr. Deshraj Kalwania JUSTICE ANOOP KUMAR DHAND Order 13/01/2025 1. By way of filing of this petition, a challenge has been led to the impugned FIR No.479/2024 registered with Police Station Saket Nagar, District Beawar for the offences under Sections 310(2) and 109(1) of BNS, 2023. 2. Learned counsel for the petitioner submits that from bare perusal of the impugned FIR, it appears that there is no iota of evidence against the petitioner to implicate him in the alleged incident. Counsel submits that there is no allegation against the petitioner. Counsel submits that as per the contents of FIR, the reference of earlier two dates is coming, but no report was lodged with regard to the earlier dates. Counsel submits that the complainant has borrowed (2 of 3) [CRLMP-8349/2024] money i.e. Rs.5 Lakhs from the petitioner and now he does not want to return the same, hence, under these circumstances, the impugned FIR with false allegation has been levelled against the petitioner. Counsel submits that under these circumstances, interference of this Court is warranted. 3. Per contra, learned counsel for the complainant as well as the Public Prosecutor oppose the prayer and submit that the petitioner is involved in the above incident and the same has occurred at his instance by the co-accused persons and there is prima facie evidence available against the petitioner, hence, under these circumstances, interference of this Court is not warranted. 4. After going through the contents of the FIR as well as the factual report furnished by the Station House Office, Police Station Saket Nagar, District Beawar, it appears that the allegations levelled in the FIR disclose that the alleged offence is cognizable and the matter requires investigation. It is settled proposition of law that the FIR is not encyclopedia. This Court while exercising the discretionary powers contained under Section 528 of BNSS is not supposed to make a roving/fishing inquiry and to embark upon a probe to ascertain the genuineness/ correctness and reliability of the allegations levelled in the FIR. Certainly, it would be a task to be undertaken by the Investigating Officer, therefore, this Court does not deem it just and proper to interfere with the course of investigation. (3 of 3) [CRLMP-8349/2024] 5. However, the petitioner may file a representation before the Investigating Officer. 6. The Investigating Officer is directed to consider the averments of the same in the investigation and in case, he comes to the conclusion that a cognizable offence is made out against the petitioner, then at least a 15 days advance notice be given to the petitioner before making his arrest. 7. With the aforesaid observations, the instant criminal misc. petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/152