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2025 DAILYLAW 45740 (RAJ)

ALTAF HUSSAIN SON OF SARFUDDIN v. STATE OF RAJASTHAN

CRLMP/2204/2025 · 2025-11-27

Anoop Kumar Dhand

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:48228] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2204/2025 1. Altaf Hussain Son Of Sarfuddin, R/o Gadhaner, Police Station Pahadi, District Deeg (Raj). 2. Shareef Son Of Ami Khan, R/o Gadhaner, Police Station Pahadi, District Deeg (Raj). ----Petitioners Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Aneesh Khan For Respondent(s) : Mr. Amit Punia, PP JUSTICE ANOOP KUMAR DHAND Order 27/11/2025 1. By way of filing this criminal misc. petition, a prayer has been made to quash the impugned FIR No.290/2024 registered with Police Station Pahadi, District Deeg under Sections 319(2), 318(4), 338, 336(3), 340(2), 308(2), 61(2) (a) of the BNS and Section 66D of the I.T. Act. 2. Learned counsel for the petitioners submits that the petitioners are not named in the impugned FIR and they are not having any concern whatsoever with the alleged incident, even then the Police is bent upon to apprehend them and submit the charge-sheet against them, hence under these circumstances, interference of this Court is warranted. 3. Per contra, learned Public Prosecutor opposed the prayer and submitted that the contents of the impugned FIR reveal commission of a cognizable offence and the matter is required [2025:RJ-JP:48228] (2 of 2) [CRLMP-2204/2025] to be investigated by the Investigating Agency. He further submits that as per the investigation conducted so far, involvement of the petitioners is prima facie found to be proved, 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. This Court while exercising its jurisdiction contained under Section 528 of the BNSS cannot adjudge the correctness of the allegations and find the role of the petitioner by conducting a mini trial. Certainly this job has been assigned to the Investigating Officer, who will investigate the matter and submit the report of conclusion before the competent Court of law. 6. The petitioners would be at liberty to submit a representation with regard to their contentions before the Investigating Officer, who shall consider the same strictly in accordance with law. 7. With the aforesaid observations/directions, the instant criminal misc. petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/22