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2025 DAILYLAW 47501 (RAJ)

VISHNU SHARMA SON OF SATYANARAYAN SHARMA v. STATE OF RAJASTHAN

CRLMP/8084/2024 · 2025-11-24

Anoop Kumar Dhand

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Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 8084/2024 Vishnu Sharma Son of Satyanarayan Sharma, Resident of Haldiyon Ka Mohalla, Kanota Tehsil Bassi, District Jaipur. ----Petitioner Versus 1. State of Rajasthan, Through P.P. 2. Zaid Ali Son of Ishteyaque Ahmed, Hal Mineral Officer 02, Police Station Ashok Nagar, Jaipur South Permanent R/o Hari Nagar Telpur Police Station Lauriya, Distt. Bettiyah Bihar. ----Respondents For Petitioner(s) : Mr. Sushil Pujari For Respondent(s) : Mr. Amit Punia-PP JUSTICE ANOOP KUMAR DHAND Order 24/11/2025 1. By way of filing this criminal misc. petition, a prayer has been made for quashing the impugned FIR No. 987/2024 registered with the Police Station Kanota, Jaipur City (East). 2. Counsel for the petitioner submits that infact the tractor of the petitioner was parked in the premises and in-front of the house of the petitioner and the same was seized by the police at the place of occurrence and inspite of that a false FIR with incorrect allegations have been levelled against the petitioner. Counsel submits that the entire episode has been recorded and saved in a pendrive and the same was delivered to the Investigating Officer, but no heed has been paid, hence interference of this Court is warranted. (2 of 2) [CRLMP-8084/2024] 3. Per contra, learned Public Prosecutor opposes the prayer and submits that the allegation levelled in the FIR reveals a cognizable offence and the matter 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. 5. Whether the tractor of the petitioner was parked in the premises or in front of the house of the petitioner or whether the same was utilized for the purpose of illegal activity or not, it is the disputed question of fact, which can be assessed by the Investigating Officer during the course of investigation. 6. This Court is not going into the merits of the matter to adjudge the correctness of the allegations levelled against the petitioner in the impugned FIR, it is the subject matter of investigation, hence, this Court cannot look into the merits and correctness of the allegations levelled against the petitioner at this stage by invoking its inherent jurisdiction contained under Section 528 BNSS, 2023. However, the petitioner is at liberty to file a representation along with relevant documents in support of his contentions before the Investigating Officer, who shall consider the same in accordance with law. 7. With the aforesaid observations, 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 Ashu/8