ANIL CHOUDHARY S/O SHRI BHALLU RAM v. THE STATE OF RAJASTHAN
CRLMP/6710/2025 · 2025-10-30
Anoop Kumar Dhand
Transfer Petitionbody2025
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[ 2025 DAILYLAW 44495 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 44495 (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.6710/2025
1. Anil Choudhary S/o Shri Bhallu Ram, Aged About 34 Years, R/o Village Enchera, Tehsil And Police Station Nadbai, District Bharatpur (Rajasthan).
2. Bhalluram S/o Sohanlal, Aged About 62 Years, R/o Village Enchera, Tehsil And Police Station Nadbai, District Bharatpur (Rajasthan).
3. Hariom S/o Ramveer, Aged About 25 Years, R/o Nangla Khatoli, Tehsil And Police Station Nadbai, District Bharatpur, Rajasthan. ----Petitioners Versus
1. The State Of Rajasthan, Through Public Prosecutor.
2. Jawahar Singh S/o Shri Angniram, Aged About 69 Years, R/o Bhadeera, Tehsil And Police Station Nadbai, District Bharatpur (Rajasthan). ----Respondents For Petitioner(s) : Mr. Bharat Yadav For Respondent(s) : Mr. Amit Gupta, PP JUSTICE ANOOP KUMAR DHAND
Order 30/10/2025
1. The instant misc. petition has been preferred for quashing of FIR No.363/2025 registered with Police Station Nadbai, Bharatpur for the offences punishable under Sections 316(2), 318(4) & 61(2) of the BNS, 2023.
2.
Learned counsel for the petitioners submits that as per the allegations levelled in the FIR, all allegations have been levelled against the main accused-Ajendra that he misused certain amount of the complainant and the same was transferred in the bank
(2 of 2) [CRLMP-6710/2025] account of the petitioners. Leaned counsel submits that not a single penny has been transferred in the bank account of the petitioners even then the Police is bent upon to apprehend the petitioners and submitted the charge-sheet against them, hence, interference of this Court is warranted.
3. Per contra, learned Public Prosecutor opposes the prayer made by learned counsel for the petitioners and submits that the allegations made in the FIR reveals that commission of cognizable offence, which is required to be investigated by the Investigating Officer, hence, interference of this Court is not warranted.
4. Having regard to the facts and circumstances of the case, this Court is of the view that allegations made in the FIR are subject matter of investigation and the same cannot be quashed by this Court under its inherent jurisdiction contained under Section 528 BNSS, 2023. However, the petitioners are at liberty to file a representation before the Investigating Officer, who shall consider the same in accordance with law.
5. In case, the Investigating Officer comes to the conclusion that a cognizable offence is made out against the petitioners, then he shall ensure the compliance of the mandatory provisions contained under Section 35 of the BNSS.
6. With the aforesaid observations, the misc. petition stands
disposed of. Stay application as well as all applications (pending, if any) also stand disposed of.
(ANOOP KUMAR DHAND),J Karan/53