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2025 DAILYLAW 49118 (RAJ)

KALURAM S/O JOGARAM v. THE STATE OF RAJASTHAN

CRLMP/1144/2025 · 2025-03-25

Vinod Kumar Bharwani

body2025

Judgment text

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[2025:RJ-JP:13478] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1144/2025 Kaluram S/o Jogaram, R/o 76, Tharalo Ki Dhani, Khokhriya, Kood, District Jodhpur. ----Petitioner Versus 1. The State Of Rajasthan, Through P.P. 2. Motilal Sharma S/o Anandilal, R/o Meenawala, Karani Vihar, District Jaipur (Rajasthan). ----Respondents For Petitioner(s) : Ms. Anushree Sharma For Respondent(s) : Mr. Jaiprakash Tiwari, P.P. HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 25/03/2025 1. The present miscellaneous petition has been filed under Section 528 B.N.S.S. on behalf of the petitioner- Kaluram S/o Jogaram, for quashing of F.I.R. No.168/2023, registered at Police Station Kekri City, District Ajmer, for the offence(s) punishable under Section(s) 8/18 of the N.D.P.S. Act. 2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and he has nothing to do with the alleged offence(s). Learned counsel further submits that the petitioner was not present at the time of occurrence of alleged incident and the impugned F.I.R. was lodged only to harass & humiliate the petitioner. Therefore, looking to the entire facts & circumstances of the case, the present petition deserves to be allowed. 3. Learned Public Prosecutor has submitted the factual report of investigation No.591 dt.19.03.2025, which is taken on record. As [2025:RJ-JP:13478] (2 of 2) [CRLMP-1144/2025] per the factual report, during the investigation, conducted on the basis of information received from the informant, the mobile number used in the alleged incident was found to be belonged to the present petitioner and location of the same was also near the place of alleged incident. He vehemently opposes the submissions made by learned counsel for the petitioner and prays for dismissal of the present miscellaneous petition. 4. Heard learned counsel for the parties and perused the material made available on record, more particularly the F.I.R. and the factual report of investigation. 5. It is clearly evident from the factual report that the mobile number used in the incident was registered in the name of the present petitioner and the location of the same was also found to be near the place of incident. 6. After going through the entire facts & circumstances of the case, the factual report of investigation, the impugned F.I.R. and the submissions made by learned counsel for the petitioner but without commenting upon the merits/demerits of the case, this Court does not deem it appropriate to allow the present miscellaneous petition filed by the petitioner and the same deserves to be dismissed. 7. Accordingly, the instant petition filed under Section 528 B.N.S.S. is dismissed. 8. Pending application(s), if any, also stands disposed of. (VINOD KUMAR BHARWANI),J SAHIL SONI /102