[2025:RJ-JP:43488] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Application No. 557/2024 1. Abdul Salim Son Of Late Shri Abdul Karm, Aged About 53 Years, Resident Of Ghas Mandi, Murti Mohalla, Gangapur City, District Sawai Madhopur. 2. Abdul Kadir Son Of Late Shri Abdul Karim, Aged About 38 Years, Resident Of Ghas Mandi, Murti Mohalla, Gangapur City, District Sawai Madhopur. ----Petitioners Versus 1. State Of Rajasthan, Through P.P. 2. Deepak Chauhan Son Of Shri Mahipal, The Then Commissioner, Nagar Parishad Gangapurcity, District Sawai Madhopur. ----Respondents For Petitioner(s) : Mr. D.K. Dixit For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Fazrudeen, ASI (P.S. Gangapur City) HON'BLE MR. JUSTICE ANAND SHARMA Order 30/10/2025 1. In compliance of order dated 07.10.2025 passed by this Court, the Investigating Officer, Mr. Fazrudeen, ASI (P.S. Gangapur City) is personally present before the Court and submits that he has filed an affidavit in order to explain his conduct of issuing notice dated 10.10.2024. 2. Learned Public Prosecutor, on the basis of such affidavit, submits that although earlier S.B. Criminal Misc. Petition No. 8045/2021 filed by the petitioners in order to challenge the FIR No. 133/2021 was disposed of on the statement made by the [2025:RJ-JP:43488] (2 of 2) [CRLMA-557/2024] learned Public Prosecutor, on the basis of factual report given by the Investigating Officer, that the police has proposed negative FR before the concerned Court on 11.01.2022; yet, thereafter, such negative FR was considered by the Competent Court and vide order dated 19.06.2023, directions were given to conduct further investigations on the points indicated in order dated 19.06.2023. Hence, only in compliance of order dated 19.06.2023, for the purpose of making further investigation, notice dated 10.10.2024 was issued to the petitioner. Thus, the conduct of Investigating Officer was totally bonafide and was not to mislead this Court. 3. In the light of above and looking to the fact that the earlier criminal misc. petition No. 8045/2021 filed by the petitioners was not decided on merits and was rather disputed only on the statement that negative FR was proposed by the police authority, this criminal misc. application is disposed of with liberty to the petitioners to file a fresh criminal misc. petition, if they so desire. 4. Office is directed to return certified copy of FIR earlier filed by the petitioner along with S.B. Criminal Misc. Petition No. 8045/2021 after keeping photocopy of the same on record. 5. The instant criminal misc. application stand disposed of, accordingly. (ANAND SHARMA),J NEERU/42