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2025 DAILYLAW 43725 (RAJ)

AASHISH MACHIWAL SON OF SHRI KAILASH CHAND MACHIWAL v. STATE OF RAJASTHAN

CRLMP/7917/2024 · 2025-11-14

Anoop Kumar Dhand

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Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7917/2024 Aashish Machiwal Son Of Shri Kailash Chand Machiwal, Resident Of Behind Of Purani Anaj Mandi, Machiwal Mohalla, Bandikui, Dausa (Raj). ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Achal Sharma Son Of Mahendra Sharma, Resident Of Ward No. 24,near Girls School, Bandikui, Thana Bandikui ( Raj). ----Respondents For Petitioner(s) : Mr. Neeraj Sharma For Respondent(s) : Mr. Amit Punia, PP JUSTICE ANOOP KUMAR DHAND Order 14/11/2025 1. By way of filing this petition, a challenge has been led to the impugned FIR No.470/2023 registered with the Police Station Bandikui (Dausa), District Dausa for the offences under Sections 143, 332, 353 and 504 IPC. 2. Learned counsel for the petitioner submits that in fact no such incident, as alleged in the FIR, has occurred. Counsel submits that the entire incident has been recorded in a CCTV camera and footage of the said CCTV camera reflects that the complainant was not on duty. He came to public premises bare footed even without wearing shoes. Counsel submits that cross-cases have been registered between the parties. The complainant is a quarrelsome person against whom, several (2 of 3) [CRLMP-7917/2024] complaints have been filed by the other persons including the petitioner. Counsel submits that under these circumstances interference of this Court is warranted and the impugned FIR is liable to be quashed and set-aside. 3. Per contra, learned Public Prosecutor opposed the prayer and submitted that the contents of the FIR reveal commission of a cognizable offence and the matter has already been investigated by the Police and after investigation, the offence under Sections 323 and 504 have been found to be proved and rest of the offences have not been found to be proved. Since the offence under Sections 323 and 504 IPC are non- cognizable, hence final report has been proposed. Counsel submits that under these circumstances, this petition is liable to be rejected. 4. Heard and considered the submissions made at the Bar and perused the material available on the record. 5. This Court cannot examine the correctness of the allegations levelled in the FIR. If the FIR reveals commission of cognizable offence, then the same is required to be investigated by the Investigating Agency. 6. In the instant case, after investigation, the Police has not found any cognizable offence to be made out. As per the report of investigation furnished before this Court, the offence under Section 323 and 504 have been found to be proved and since those offences are non-cognizable, hence the Police cannot submit charge-sheet for the above offences, hence (3 of 3) [CRLMP-7917/2024] under these circumstances, the Police has proposed final report. 7. Keeping in view the facts and circumstances of this case, this Court finds no merits and substance in this petition. 8. Accordingly, the instant criminal misc. petition stands dismissed. The stay application and all pending applications, if any, also stand dismissed. (ANOOP KUMAR DHAND),J KuD/10