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2025 DAILYLAW 46277 (RAJ)

ANSHU S/O NARESH v. STATE OF RAJASTHAN

CRLMP/7088/2025 · 2025-11-06

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:44607] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.7088/2025 Anshu S/o Naresh, Aged About 17 Years, R/o Eshapur, Katara, P.s. Nadbai, District Bharatpur Minor Through His Natural Guardian Mother Vijan W/o Naresh R/o Eshapur, Katara, P.s. Nadbai District Bharatpur. ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Girdhar Singh S/o Ramaso, R/o Eshapur Katara, P.s. Nadbai, District Bharatpur. ----Respondents For Petitioner(s) : Mr. Pankaj Datt For Respondent(s) : Mr. Amit Kumar Gupta, PP JUSTICE ANOOP KUMAR DHAND Order 06/11/2025 1. By way of filing this criminal misc. petition, a challenge has been led to the impugned FIR No.323/2025 registered with Police Station Nadbai, District Bharatpur for the offences under Sections 318(2) & 316(2) of BNS, 2023 2. Learned counsel for the petitioner submits that petitioner is a juvenile and he has no concern whatsoever with the alleged incident, inspite of that he has been falsely booked in this case with false allegations. Learned counsel submits that complainant is a major boy while the petitioner is a juvenile. Learned counsel submits that the allegations levelled against the petitioner are highly improbable, hence, interference of this Court is warranted. [2025:RJ-JP:44607] (2 of 2) [CRLMP-7088/2025] 3. Per contra, learned Public Prosecutor opposes the prayer made by learned counsel for the petitioner and submits that 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 petitioner is 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 petitioner, 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/80