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2025 DAILYLAW 47980 (RAJ)

MUKESH KUMAR S/O GULLA RAM v. STATE OF RAJASTHAN

CRLMP/6981/2025 · 2025-11-06

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:44600] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.6981/2025 1. Mukesh Kumar S/o Gulla Ram, Aged About 32 Years, R/o Rampura, Tehsil Renwal, District Jaipur Rural. 2. Gulla Ram S/o Jeewaram, R/o Rampura, Tehsil Renwal, District Jaipur Rural. 3. Mangli Devi W/o Gulla Ram, R/o Rampura, Tehsil Renwal, District Jaipur Rural. ----Petitioners Versus 1. State Of Rajasthan, Through P.p. 2. Roopa Ram S/o Jeewa Ram, R/o Rampura, Renwal, Jaipur Rural. ----Respondents For Petitioner(s) : Mr. Ghanshyam Sharma 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.332/2025 registered with Police Station Renwal, District Jaipur Rural for the offences under Sections 115(2), 126(2), 351(2) & 352 of BNS, 2023. 2. Learned counsel for the petitioners submits that complainant side has encroached the public land for which a complaint has been filed before the District Collector, Jaipur and before the Superintendent of Police, Jaipur (Rural) on 02.10.2025 and 13.10.2025 respectively. Learned counsel submits that inspite of above, the complainant side abused and assaulted the petitioner and his family members on 13.10.2025 for which an FIR [2025:RJ-JP:44600] (2 of 2) [CRLMP-6981/2025] No.331/2025 has been registered at Police Station Renwal, District Jaipur by the petitioners. 3. Learned counsel for the petitioners further submits that in counter-blast to the aforesaid FIR, the instant false FIR with incorrect allegations have been levelled against the petitioners and in fact no such incident has occurred, hence, interference of this Court is warranted. 4. Per contra, learned Public Prosecutor opposes the prayer 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. 5. 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. 6. 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. 7. 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/71