HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6961/2025 Mahendra Jain Son Of Shri Rajkumar Jain, Aged About 41 Years, R/o 36, Sector-1, Avas Cikas Colony, Behind Jeewan Jyoti Hospital, Bodla, Agra ( U.p). ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Superintendent Of Police, Bharatpur. 3. S.H.O. Police Station Kotwali Bharatpur, District Bharatpur. 4. Gulab Chand Jain Son Of Roshan Lal Jain, R/o Mohan Ji Mandir Ke Samne, Budhha Ki Haat, Mathuragate, Bharatpur (Raj). ----Respondents For Petitioner(s) : Mr. Ravi Shankar For Respondent(s) : Mr. Amit Punia, PP JUSTICE ANOOP KUMAR DHAND Order 01/11/2025 1. Present petition has been filed under Section 528 BNSS for quashing of the FIR No.288/2025 registered with the Police Station Kotwali Bharatpur, District Bharatpur for the offences under Section 319(2), 318(4), 316(2) and 61(2) IPC. 2. Counsel for the petitioner submits that the petitioner has not been named in the FIR. He is a gold smith running his business at Agra. Counsel submits that without there being any evidence against the petitioner, the Police is harassing him on the pretext of taking stolen ornaments. Counsel submits that there is no concrete evidence available against the petitioner to (2 of 2) [CRLMP-6961/2025] connect the alleged incident with him, hence, interference of this Court is warranted. 3. Per contra learned Public Prosecutor opposed the prayer and submitted that if any cognizable offence is committed, then the same is required to be investigated by the Investigating Officer, hence, interference of this Court is not warranted. 4. Heard and considered the submissions made at the Bar and perused the material available on the record. 5. Having regard to the facts and circumstances of the case, this Court is not going to examine the correctness of the allegations and the course of the investigation which is being carried out by the Investigating Agency with regard to commission of any cognizable offence. The correctness of the allegations cannot be adjudicated by this Court in exercise of its inherent jurisdiction contained under Section 528 BNSS. 6. The petitioner is at liberty to submit representation before the Investigating Officer, who shall consider the same in accordance with law. 7. In case, the Investigating Officer comes to the conclusion that a cognizable offence is made out against the petitioner, he shall issue a notice to the petitioner as required under Section 35 of the BNSS. 8. With the above observations, instant criminal petition as well as the stay application stand disposed of. (ANOOP KUMAR DHAND),J KuD/46