HARBHAN SINGH SON OF LATE SHRI MOHAN SINGH v. STATE OF RAJASTHAN
CRLMP/5323/2025 · 2025-11-27
Anoop Kumar Dhand
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 49110 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49110 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5323/2025 Harbhan Singh Son Of Late Shri Mohan Singh, Resident Of Behind Teja Hospital, Gopalgarh, District Bharatpur (Raj). ----Petitioner Versus
1. State Of Rajasthan, Through The Public Prosecutor. 2. Smt. Reeta W/o Harbhan Singh, Resident Of Behind Teja Hospital, Mohalla Gopalgarh, Mathuragate, Bharatpur (Raj). ----Respondents For Petitioner(s) : None For Respondent(s) : Mr. Amit Punia-PP JUSTICE ANOOP KUMAR DHAND Order 27/11/2025
1. By way of filing the present criminal misc. petition, a prayer has been made for quashing the impugned FIR No. 397/2024 registered with Police Station Mathuragate, Bharatpur for the offences under Sections 323, 341 and 506 IPC. 2. The ground for challenge in the instant petition is that the complainant is a habitual litigant who used to file cases against the petitioner. On earlier occasion as well, she had lodged the FIR No. 568/2024 against the petitioner. Counsel submits that the petitioner has not committed any offence whatsoever as alleged in the impugned FIR but inspite of the above, he has falsely been booked in this case. Hence a prayer has been made for quashing the impugned FIR. (2 of 2) [CRLMP-5323/2025]
3. Learned Public Prosecutor has opposes the prayer made in the petition and submits that the contents of impugned FIR reveal the commission of a cognizable offence and after investigation from all four corners, the police has submitted charge-sheet against the petitioner before the Court of Additional Chief Judicial Magistrate No. 2, Bharatpur under Sections 323, 341 and 506 IPC. Hence, under these circumstances, interference of this Court is not warranted. 4. Heard and considered the submissions made at Bar and perused the material available on record. 5. This Court is not going to adjudge and examine the correctness and genuineness of the allegations levelled in the impugned FIR against the petitioner by exercising its inherent jurisdiction contained under Section 528 BNSS. Certainly it is the job of the Investigating Officer but in present case, after investigation, charge-sheet has been submitted against the petitioner before the Competent Court for the above stated offences, hence this Court is not inclined to entertain this petition and the same is hereby rejected. 6. However, the petitioner should be at liberty to take all available pleas/defences which have been taken before this Court at the appropriate stage of trial before the trial Court. 7.
The present criminal misc. petition stands dismissed, accordingly. Stay application and all pending application(s), if any, also stand dismissed. (ANOOP KUMAR DHAND),J Ashu/33