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2025 DAILYLAW 47949 (RAJ)

KAILASH NAYAK S/O SITA RAM v. STATE OF RAJASTHAN

CRLW/1361/2025 · 2025-10-15

Mahendar Kumar Goyal

body2025

Judgment text

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[2025:RJ-JP:42229] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 1361/2025 Kailash Nayak S/o Sita Ram, Aged About 35 Years, R/o Vazeerpura, Bairwa Ki Dhani, District Tonk (Raj.) ----Accused/Petitioner Versus 1. State Of Rajasthan, Through Pp 2. Superintendent Of Police, District Deeg (Raj.) 3. Sho, Police Station Nagar, District Deeg, (Raj.) Respondents 4. Ravi Kumar S/o Roop Singh Jatav, R/o Bai Kavas Ghat, Baroda Meo, Alwar. (Raj.) ----Complainant/Respondent For Petitioner(s) : Mr. Deepak Khandelwal For Respondent(s) : Mr. Vijay Singh Yadav, P.P. with Mr. Shubham Kumar Sain HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 15/10/2025 This criminal miscellaneous petition under Article 226 of the Constitution of India is filed for quashing the FIR No.0157 dated 20.07.2025 registered at Police Station Nagar, District Deeg for the offences under Sections 281 & 106(1) of the Bharatiya Nyaya Sanhita, 2023. Learned counsel for the petitioner submits that his vehicle has wrongly been implicated in the aforesaid FIR whereas, at the given time, the subject vehicle was not present at the place of incident. He further submits that he has already represented to the police authorities in this regard but, they are not carrying out fair investigation. He, therefore, prays that this criminal [2025:RJ-JP:42229] (2 of 2) [CRLW-1361/2025] miscellaneous petition be allowed and the subject FIR be quashed and set aside. Heard. Considered. Indisputably, the contents of the subject FIR disclose commission of cognizable offence wherein, there is allegation of involvement of Pik-Up with Registration No.RJ05 GB 1903. At this stage, contention of the learned counsel for the petitioner that, as a matter of fact, the aforesaid vehicle was not present at the place of incident, cannot be appreciated. Since, the allegations disclose involvement of subject vehicle, the FIR cannot be quashed by this Court under its writ jurisdiction. So far as, submission of the learned counsel for the petitioner qua his representation is concerned, suffice it to say that this petition is not filed seeking fair and impartial investigation but, for quashing the FIR. Resultantly, this criminal miscellaneous petition is dismissed being devoid of merit. Pending application(s), if any, also stands disposed of. (MAHENDAR KUMAR GOYAL),J Manish/7