NARENDRA KUMAR SHARMA S/O LATE SHRI BENI PRASAD v. THE STATE O FRAJASTHAN
CRLMP/4189/2025 · 2025-11-13
Anoop Kumar Dhand
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 45764 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45764 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:45655] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4189/2025 Narendra Kumar Sharma S/o Late Shri Beni Prasad, Resident Of Village-Piprau, Police Station - Nadbai, District - Bharatpur, Currently Residing At Kherli Ganj, District - Alwar, Raj. ----Petitioner Versus
1. The State of Tajasthan, Through The Public Prosecutor.
2. The Director General Of Police, Rajasthan Police, Police Headquarters, Jaipur.
3. The Superintendent Of Police, District Bharatpur, Rajasthan
4. The Station House Officer (S.h.o.), Police Station Nadbai, District Bharatpur, Rajathan.
5. Akanksha Chaudhary, Deputy Superintendent Of Police, Bharatpur Gramin, Investigating Officer, District Bharatpur, Rajasthan. ----Respondents For Petitioner(s) : Mr.Rishabh Bansal For Respondent(s) : Mr.Amit Punia, PP JUSTICE ANOOP KUMAR DHAND
Order 13/11/2025
1. By way of filing this petition, a prayer has been made for issuing directions to the Investigating Agency for conducting partial, fair and expeditious investigation in F.I.R. No.479/2024 registered with Police Station Nadbai, District Bharatpur.
2. This Court vide orders dated 31.10.2025 and 06.11.2025
directed the Public Prosecutor to submit the factual report of the investigation conducted so far. Pursuant to the aforesaid order, the Public Prosecutor has furnished the factual report submitted by the SHO Police Station Nadbai, District Bharatpur, which indicates that the injuries sustained by the injured were not found to be
[2025:RJ-JP:45655] (2 of 2) [CRLMP-4189/2025] grievous and dangerous to life, hence, the offence under Section 109(1) of BNS was not found to be proved. Counsel submits that involvement of 7 other accused, namely, Chandra Shekhar, Santosh, Jagdish, Shiv Dutt, Anil, Radha Kishan and Rameshwar have been found to be proved and the Police is in process of submitting the charge-sheet against them. Hence, under the changed circumstances, no cause of action survives with the petitioner to continue with this petition.
3. Per contra, learned counsel for the petitioner submits that the F.I.R. has been registered against other co-accused persons also including the above noted persons and looking to the injuries sustained by the injured, offence under Section 109(1) of BNS is made out, hence, appropriate directions be issued to the Investigating Agency to conduct investigation against the co- accused and add Section 109 of BNS.
4. Heard and considered the submissions made at the Bar and perused the material available on record.
5. Considering the factual report furnished by the SHO, Police Station Nadbai, this Court deems it just and proper to dispose of the instant petition granting liberty to the petitioner to file appropriate application before trial Court at appropriate stage with regard to his additional grievances.
6. With the aforesaid observation and liberty, the instant petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of.
(ANOOP KUMAR DHAND),J Aayush Sharma /20