GANGASAHAY S/O BHORILAL MEENA v. STATE OF RAJASTHAN
CRLMP/388/2025 · 2025-01-21
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4202 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4202 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 388/2025
1. Gangasahay S/o Bhorilal Meena, Resident of Maharaj Kanwarpura, Datwas, Tonk, Rajasthan.
2. Jitendra S/o Gangasahay Meena, Resident of Maharaj Kanwarpura, Datwas, Tonk, Rajasthan.
3. Dharmendra S/o Gangasahay Meena, Resident of Maharaj Kanwarpura, Datwas, Tonk, Rajasthan. ----Petitioners Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Gandodi Devi W/o Chhotulal Meena, Aged About 39 Years, Resident Of Jagsara, Datwas, Tonk, Rajasthan. ----Respondents For Petitioner(s) : Mr. Rajendra Singh Tanwar For Respondent(s) : Mr. Vivek Choudhary-PP JUSTICE ANOOP KUMAR DHAND
Order 21/01/2025
1. By way of filing of this criminal misc. petition, a challenge has been led to the impugned FIR No. 185/2024 registered with Police Station Datwas, District Tonk for the offence under Sections 329(3), 115(2), 126(2), 74, 351(2), 352, 3(5) of BNS, 2023.
2.
Learned counsel for the petitioners submits that owing to the property dispute between the parties, the instant false FIR with vague allegations has been submitted. Counsel submits that in fact, no such incident has been occurred and the petitioners have falsely been booked in this case, hence interference of this Court is warranted.
(2 of 2) [CRLMP-388/2025]
3. Heard and considered the submissions made at Bar and perused the material available on record as well as the contents of FIR.
4. After going through the contents of the FIR, it appears that allegations made in the aforesaid FIR are the subject matter of investigation and the same cannot be quashed under the inherent jurisdiction of this Court under Section 528 of B.N.S.S. This Court is not supposed to make a fishing and roving inquiry to embark upon the probe in order to ascertain the genuineness 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.
5. However, the petitioner would be at liberty to file a representation before the Investigating Officer, who shall consider the same in accordance with law.
6. In case, the Investigating Officer comes to the conclusion that cognizable offence is made out against the petitioners, he shall issue a notice to the petitioners as required under Section 35 of the BNSS.
7. In view of the above, this criminal miscellaneous petition stands disposed of. Stay application and all other application(s), pending, if any, also stand disposed of accordingly.
(ANOOP KUMAR DHAND),J Ashu/39