[2025:RJ-JP:44834] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 126/2016 Jitendra Mehta Son of Late Shri Parmanand Mehta, At Present Resident Of E-2/143, Chitrakoot Yojna, Vaisali Nagar Jaipur (Raj). ----Petitioner Versus 1. The State Of Rajasthan Through Chief Government Of Rajasthan Secretariat, Jaipur; 2. The Secretary Home Department, Secretariat, Jaipur (Raj.); 3. Kailash Bohra, Police Inspector, The Then Posted Station House Officer, Police Station Sadar District Jaipur.; 4. Jagdish Yadav, Assistant Sub Inspector, The Then Posted Asi, Police Station Sadar District Jaipur.; 5. Shivjiram Assistant Sub Inspector, The Then Posted Asi, Police Station Sadar District Jaipur.; 6. Uttam Chand Constable No. 1625, The Then Posted Police Station Sadar District Jaipur.; 7. Pritam Kumar Constable No. 995, The Then Posted Police Station Sadar District Jaipur.; 8. Kunj Bihari Constable No. 3344, The Then Posted Police Station Sadar District Jaipur.; 9. Rajendra Singh Constable No. 7425, The Then Posted Police Station Sadar District Jaipur.; 10. Rajpal Singh Constable No. 4515, The Then Posted Police Station Sadar District Jaipur.; 11. Dharmendra Singh Driver No. 5542, The Then Posted Police Station Sadar District Jaipur.; ----Respondents For Petitioner(s) : Mr. Rajveer Singh Gurjar Mr. Kapil Nagayach For Respondent(s) : Mr. Shyam Singh Yadav, Special Public Prosecutor for CBI Mr. Satyendra Singh Tanwar Mr. Rajesh Goswami [2025:RJ-JP:44834] (2 of 5) [CRLW-126/2016] HON'BLE MR. JUSTICE ANAND SHARMA Order 07/11/2025 1. The petitioner filed the instant criminal writ petition with the following prayers:- "It is, therefore, respectfully prayed that your Lordship will be pleased to accept/allow this criminal writ petition and the entire proceedings in the criminal case bearing No.274/2010 arising out of the FIR bearing No.138/2010 dated 24/3/2010 for the alleged offence under Section 3/25 of the Arms Act may kindly be quashed and set aside and the petitioner may be exonerated to secure the ends of justice and stop the further abuse of process of law and further be directed to send the matter to C.B.I. for fair investigation and compensation shall be awarded as per Hon'ble Court may deem fit and proper; and further the petitioner has prayed that police protection shall be granted to the petitioner. Any other order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case protecting the rights and interests of the petitioner be also passed." 2. Vide order dated 19.02.2020 passed by the Co-ordinate Bench of this Court, following directions were given by this Court:- "14. It is directed that the record of FIR Nos.138/2010, 139/2010 and of proceedings under Sections 107/116, 151 Cr.P.C. be sent to Central Bureau of Investigation for fair investigation and if the involvement of Police personnels is made out, to initiate appropriate proceedings against them. 15. Copy of this order be provided to learned Public Prosecutor to ensure compliance. 16. C.B.I. shall submit its report before this Court within six months. Meanwhile, proceedings pending before the Court below shall remain stayed." [2025:RJ-JP:44834] (3 of 5) [CRLW-126/2016] 3. Pursuant to directions given by the Co-ordinate Bench of this Court vide order dated 19.02.2020, the factual report showing the status of investigation has been filed by learned Special Public Prosecutor, CBI on 27.02.2025, wherein outcome of C.B.I. investigation has been given as under:- "30. That this Hon'ble Court vide order dated 19.02.2020 has directed that the record of FIR Nos. 138/2010, 139/2010 and of proceedings under Sections 107/116, 151 Cr.P.C. be sent to Central Bureau of Investigation for fair investigation and if the involvement of Police personnel is made out, to initiate appropriate proceedings against them. CBI has conducted the investigation of both the case. 31. That in FIR No. 138/2010, investigation was conducted vide RC 05(S)/2020 and after completion of investigation, chargesheet has been filed in the Ld. ACJM Court, Jaipur against Sh. Kailash Chandra Bora, the then SHO; Sh. Shivji Ram, the ASI; Sh. Jagdish Prasad, the then ASI; Sh. Pritam Kumar, the then PC; Sh. Rajendra Singh, the then PC, Sh. Uttam Chand, the then PC and Sh. Dharmendra Singh, the then PC (Driver)U/s 120-B r/w 167, 182, 193, 211, 220, 323 IPC and substantive offences thereof for falsely implicating Sh. Jitendra Mehta in a Arms of Act Case. However, the sanction for prosecution U/s 197 CrPC against the accused persons is pending with the competent authority. 32. That investigation of RC 06(S)/2020 was conducted on the same grounds and same accused persons were found involved in registration of the false case FIR No. 139/2010 against Sh. Zakir Hussain. However, investigation has revealed that a Chargesheet was filed against Shri Zakir Hussain for the offence U/s 4/25 Arms Act by the Local Police on 07.04.2010 in the Court of ACJM, Court No.16, Jaipur City. Cognizance was taken on 07.04.2010 and Charges were framed on 02.07.2011. The Ld. Trial Court convicted Shri Zakir Hussain U/s 4/25 Arms Act on 15.11.2017 with Simple Imprisonment of 01 year and fine of Rs. 1000 with additional Sl of 01 months in case of default in paying fine. Further, the convict accused Shri Zakir Hussain filed an Appeal U/s 374 CrPC [2025:RJ-JP:44834] (4 of 5) [CRLW-126/2016] before the Ld. Court of Addl. Session Judge No. 03, Jaipur City, Jaipur against the impugned conviction order dated 15.11.2017. The Ld. Court of Addl. Session Judge vide its judgment dated 23.10.2018 upheld the conviction but ordered to release the convict giving benefits U/s 4 of Probation of Offenders Act. Thereafter, no legal recourse has been taken by the convict Shri Zakir Hussain. In effect, when this case was transferred to CBI vide order dated 19.02.2020, Shri Zakir Hussain was already convicted by the Ld. Trial Court and the conviction was also upheld by the Ld. Appellate Court. 33. That pertinently, the evidence collected by the CBI during the investigation has revealed that Shri Zakir Hussain was falsely implicated in that case by the accused Policemen. However, the Ld. Trial Court and the Ld. Appellate Court have already given judgments in the case on merit. 34. That the details of evidence found during the investigation have been discussed in the above- mentioned paras. Investigation conducted by CBI establishes that the police personnel of PS Sadar, Jaipur fabricated evidence against Zakir Hussain to implicate him in a false case. Evidence collected is sufficient to launch prosecution against the accused police personnel Sh. Kailash Chandra Bora, the then SHO; Sh. Shivji Ram, the ASI; Sh. Jagdish Prasad, the then ASI; Sh. PritamKumar, the then PC; Sh. Rajendra Singh, the then PC, Sh. Uttam Chand, the then PC and Sh. Dharmendra Singh, the then PC (Driver) U/s 120-B r/w 167, 182, 193, 211 & 220 IPC and substantive offences thereof. 35. As the trial of the FIR No. 139/2010 was concluded in conviction of Shri Zakir Hussain by the Ld. ACJM Court and the conviction and sentence was upheld by the Ld. Session Court, in the light of above noted facts and circumstances necessary directions from this Hon'ble Court is pleaded to proceed further with the outcome of the CBI Investigation. 36. That, further, this Hon'ble High Court vides Order dated 19.02.2020 had directed CBI to file a Status Report. In compliance of the said order, this Status Report is being filed in sealed cover for kind perusal of this Hon'ble Court." [2025:RJ-JP:44834] (5 of 5) [CRLW-126/2016] 4. In the light of above status report submitted by CBI, where a categorical finding has been given that the petitioner Jitendra Mehta was falsely implicated in FIR No.138/2010 for alleged offences under the Arms Act and even action has been taken against the officials for misusing their powers and it has been mentioned that sanction for prosecution under Section 197 Cr.P.C. against such erring officials is still pending, after perusing the outcome of investigation by CBI permitting prosecution of the petitioner pursuant to aforesaid FIR No.138/2010 would amount to abuse of process of law and cause miscarriage of justice and harassment to the petitioner, hence in order to secure ends of justice, it would be just and proper for this Court to quash FIR No.138/2010 dated 24.03.2010 registered at Police Station Sadar, District Jaipur City (South) for the offences under Section 3/25 of the Arms Act against the petitioner and subsequent proceedings pursuant to said FIR against the petitioner in Criminal Case No.274/2010 are also quashed. 5. CBI shall be at liberty to proceed further in accordance with law against the aforementioned erring officials as per its investigation report. 6. The criminal miscellaneous petition stands disposed of, accordingly. (ANAND SHARMA),J DIVYA /73