SHUBHAM SHARMA S/O SHRI ARUN KUMAR v. STATE OF RAJASTHAN
CRLMP/6861/2025 · 2025-10-29
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45537 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45537 (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. 6861/2025 Shubham Sharma S/o Shri Arun Kumar, Resident Of Karni Nagar, Makadwali Road, Police Station Christianganj, District Ajmer (Raj). ----Petitioner Versus
1. State Of Rajasthan, Through Its P.p.
2. Bankat Singh Pradhikari, Excise Preventive Squad, Ajmer City, Ajmer. ----Respondents For Petitioner(s) : Ms. Anindya Gupta for Mr. Vibhuti Bhushan Sharma For Respondent(s) : Mr. Amit Gupta-PP JUSTICE ANOOP KUMAR DHAND
Order 29/10/2025
1. By way of filing of this criminal misc. petition, a challenge has been led to the impugned FIR No. 11/25-26 registered with Police Station, Excise Preventive Squad, Ajmer City for the offence under Section 19(4)/54 of the Rajasthan Excise Act, 1950.
2.
Learned counsel for the petitioner submits that at the time of inspection of the hotel, the petitioner was not present at the location and behind his back, recovery of certain liquor was affected and on the basis of the same, the petitioner has been implicated as an accused. Counsel submits that the petitioner has no concern whatsoever with the alleged liquor/beer and even then the police has falsely been booked the petitioner in the instant
(2 of 2) [CRLMP-6861/2025] case, hence under these circumstances, interference of this Court is warranted.
3. Per contra, learned Public Prosecutor opposed the prayer and submitted that the allegation made in the FIR reveals that cognizable offence is made out against the petitioner which is required to be investigated by the Investigating Agency, hence interference of this Court is not warranted.
4. Heard and considered the submissions made at Bar and perused the material available on record as well as the contents of FIR.
5. After going through the contents of the FIR, it appears that the nature of allegations made in the aforesaid FIR are the subject matter of investigation and the same cannot be quashed under the inherent jurisdiction of this Court under Section 528 of BNSS.
6. However, the petitioner would be at liberty to file a 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 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. In view of the above, this criminal miscellaneous petition stands disposed of. Stay application and all other application(s), pending, if any, also stand disposed of accordingly.
(ANOOP KUMAR DHAND),J Ashu/42