[2025:RJ-JP:49367] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.7689/2024 Prem Sagar S/o Sobagh Yogi, Aged About 49 Years, R/o Niwadi, Distt. Sawai Madhopur (Raj.). ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Prem Shanker Sharma For Respondent(s) : Mr. Amit Punia, PP JUSTICE ANOOP KUMAR DHAND Order 04/12/2025 1. By way of filing the instant criminal misc. petition, a prayer has been made for quashing of FIR No.83/2006 registered with Police Station Malarnadoongar, Sawai Madhopur for the offences under Sections 323 & 341 IPC. 2. Learned counsel for the petitioner submits that the charge- sheet was submitted against the petitioner in the aforesaid FIR and he faced trial before the competent court of law where he was found guilty and thereafter, the benefit of probation under Section 4 of the Probation of Offenders Act was extended to him vide judgment dated 18.02.2009. Thereafter, the file was consigned to the record and the same has been weeded out. Learned counsel submits that inspite of the disposal of the aforesaid FIR, the Police is still treating the aforesaid FIR as pending against the petitioner. Learned counsel submits that the petitioner cannot be prosecuted for the same offence again, since the same amounts to double jeopardy. [2025:RJ-JP:49367] (2 of 3) [CRLMP-7689/2024] 3. Learned Public Prosecutor opposes the prayer made by learned counsel for the petitioner, but he is not in a position to controvert the submissions made by the petitioner. Learned counsel submits that though no record of the trial court has been placed on the record before this Court in support of his contentions, but a copy of the register maintained by the record room of the trial court has been placed on the record before this Court. 4. The documents annexed with the instant petition indicate that in FIR No.83/2006, charge-sheet has been submitted against the accused Hemraj and Chetram and they were convicted for the offence under Sections 323, 341 read with Section 34 IPC vide judgment dated 18.02.2009. Thereafter, the benefit of probation was extended to them under the Probation of Offenders Act. 5. This Court finds no material available on the record that the petitioner has faced trial in FIR No.83/2006 registered with Police Station Malarnadoongar, Sawai Madhopur under Sections 323 & 341 IPC. 6. If at all it is so, the petitioner shall be at liberty to submit relevant documents in support of his contentions before the Investigating Officer and in case, the Investigating Officer comes to the conclusion that charge-sheet has already been submitted against the petitioner and he has already faced trial in FIR No.83/2006 registered with Police Station Malarnadoongar, Sawai Madhopur under Sections 323 & 341 IPC, the matter be closed otherwise the matter shall continue as per law. [2025:RJ-JP:49367] (3 of 3) [CRLMP-7689/2024] 7. Accordingly, the criminal misc. petition stands disposed of. Stay application as well as all applications (pending, if any) also stand disposed of. (ANOOP KUMAR DHAND),J Karan/13