[2025:RJ-JP:45651] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6262/2025 1. Sakil Khan S/o Shri Ismail Khan, R/o Dudhaniyan Wali Dhani, Kho Nagoriyan, Jaipur (Raj). 2. Sakir Khan S/o Shri Ismail Khan, R/o Dudhaniyan Wali Dhani, Kho Nagoriyan, Jaipur (Raj). ----Petitioners Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Dilshad Ali S/o Shri Ahmad Ali, R/o Rawta Wali Dhani Kasba Chaksu, Jaipur (Raj). ----Respondents For Petitioner(s) : Mr.Manish Parihar with Mr.Sanjay Khan & Mr.Ashutosh Chauhan For Respondent(s) : Mr.Amit Punia, PP JUSTICE ANOOP KUMAR DHAND Order 13/11/2025 1. By way of filing this petition, a prayer has been made for quashing of F.I.R. No.253/2025 registered at Police Station Chaksu, District Jaipur City (South), under Sections 316(2), 338, 336(3), 61(2) & 318(4) of BNS, 2023. 2. Learned counsel for the petitioners submits that a bare perusal of the allegations levelled in the F.I.R. indicates that the present matter is purely a civil dispute between the parties, but in order to put pressure on the petitioners, the impugned F.I.R. has been lodged by giving it colour of criminal nature. Counsel further submits that an F.I.R. was also lodged by the petitioners against the other side bearing No.392/2025, registered at Police Station [2025:RJ-JP:45651] (2 of 3) [CRLMP-6262/2025] Kho Nagoriyan, District Jaipur City (East) under Sections 318(2), 338, 336(3), 340(2), 316(2), 308(2) & 61(2) of BNS, 2023. However, despite the aforesaid, the Police is bent upon to apprehend the petitioners and submitting the charge-sheet against them, hence, interference of this Court is warranted. 3. Per contra, learned Public Prosecutor has opposed the arguments raised by learned counsel for the petitioners and submits that the allegations levelled in the FIR reveal the commission of cognizable offence by the petitioners. Counsel further submits that even as per the factual report furnished by the SHO Police Station Chaksu, the allegations are found to be proved against the petitioners. Therefore, the interference of this Court is not warranted and the petition is liable to be rejected. 4. Having regard to the facts and circumstances of the case, and this Court is of the view that it cannot adjudge the correctness and genuineness of the allegations levelled against the petitioners in the F.I.R. Certainly, it is the task of the Investigating Officer to investigate the allegations therein. Hence, under these circumstances, this Court is not inclined to entertain the present petition. 5. However, the petitioners shall be at liberty to move appropriate representation before the Investigating Officer, who shall consider the same strictly in accordance with law. 6. In case, the Investigating Officer comes to the conclusion that any cognizable offence is made out against the petitioners, notice under Section 35 of the BNSS shall be issued to them. [2025:RJ-JP:45651] (3 of 3) [CRLMP-6262/2025] 7. With the aforesaid observations/directions, the instant criminal misc. petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /28