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2025 DAILYLAW 41973 (RAJ)

PRAHLAD MANDIWAL S/O MANGLARAM v. STATE OF RAJASTHAN

CRLMP/368/2025 · 2025-01-29

Ganesh Ram Meena

body2025

Judgment text

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[2025:RJ-JP:4098] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 368/2025 1. Prahlad Mandiwal S/o Manglaram, Aged About 27 Years, Resident Of Village Haripura, Tehsil Dantaramgarh, District Sikar, Rajasthan 2. Madan Dodwadiya S/o Dungaram Dodwadiya, Aged About 25 Years, Resident Of Village Balyawas, Tehsil Dantaramgarh, District Sikar, Rajasthan 3. Shankar Poonia S/o Dhannaram Poonia, Aged About 24 Years, Resident Of Village Ralawata Tehsil Dantaramgarh, District Sikar, Rajasthan ----Accused-Petitioners Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. SHO, Chomu Police Station, District Jaipur West, Rajasthan. 3. Nand Kishore @ Kanaram S/o Mansharam, Aged About 42 Years, Resident Of Village Khadija Li Dhani, Village Kanwarpura, Police Station Renwal, District Jaipur Rural, rajasthan. ----Respondents For Petitioner(s) : Ms. Sonia Gill For Respondent(s) : Mr. Amit Punia, Public Prosecutor HON'BLE MR. JUSTICE GANESH RAM MEENA Order 29/01/2025 1. This criminal misc. petition has been filed by the petitioners with a prayer to quash and set aside the FIR No.723/2024 registered at Police Station Chomu, Jaipur (West) for the offences under Sections 115(2), 126(2), 189(2) and 303(2) of the BNS, 2023. [2025:RJ-JP:4098] (2 of 2) [CRLMP-368/2025] 2. Learned counsel for the petitioners submits that the impugned FIR has been lodged by the complainant party against the petitioners just to create counter to a criminal case bearing FIR No.06/2025 registered at Police Station Dataramgarh, District Sikar for the offences under Sections 332(b), 64(1), 351(2) and 351(3) of the BNS, 2023. 3. Considered the submissions and also perused the averments made in the FIR as well as the averments made in the report lodged by the accused-party against the complainant in the present case. 4. Having gone through the averments made in both the FIRs, this Court, at this stage, cannot take a view that one of the case is false and fabricated without there being anyproper investigation conducted by the Police. 5. Learned counsel for the petitioners could not convince the Court that no offence is made out from the averments made in the FIR against them or the said case is a malicious prosecution against them. 6. Accordingly, this criminal misc. petition is dismissed. 7. Pending application, if any, also stands disposed of. (GANESH RAM MEENA),J Ashish Kumar /111