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2025 DAILYLAW 4311 (RAJ)

VISHNU S/O NANGURAM v. STATE OF RAJASTHAN

CRLMP/405/2025 · 2025-01-23

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 405/2025 Vishnu S/o Nanguram, R/o Gadhi Panbeda, Sadar Hindaun, District Karauli, Rajasthan. ----Petitioner Versus 1. State of Rajasthan, Through Public Prosecutor. 2. Nanguram S/o Gilahriya, R/o Gadhi Panbeda, Sadar Hindaun, District Karauli, Rajasthan. ----Respondents For Petitioner(s) : Mr. Pushpendra Singh For Respondent(s) : Mr. JS Rathore, PP JUSTICE ANOOP KUMAR DHAND Order 23/01/2025 1. The instant petition has been preferred for quashing of FIR No.06/2025 registered with Police Station Sadar Hindaun, District Karauli for the offences under Sections 115(2), 126(2), 324(5) and 326(E) of BNS. 2. Learned counsel for the petitioner submits that the petitioner is residing elsewhere and he is not residing in the village, but when the petitioner came to the village on leaves, instant false FIR has been registered with incorrect allegations, hence, under these circumstances, interference of this Court is warranted. 4. Heard learned counsel for the petitioner as well as the Public Prosecutor and perused the contents of the FIR. (2 of 2) [CRLMP-405/2025] 5. After going through the contents of the FIR, it appears that the allegations levelled in the FIR disclose that the alleged offence is cognizable and the matter requires investigation. 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 and reliability of the allegations mentioned 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. 6. The petitioner may file a representation before the Investigating Officer. 7. The Investigating Officer is directed to consider the averments of the same and in case, he comes to the conclusion that a cognizable offence is made out against the petitioner, he shall ensure the compliance of the mandatory provisions contained under Section 35 of the BNSS. 8. 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/32