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2025 DAILYLAW 49612 (RAJ)

RAJESH SUMAN S/O SHRI RAMESHWAR SUMAN v. STATE OF RAJASASTHAN

CRLMP/8120/2024 · 2025-12-02

Anoop Kumar Dhand

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Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 8120/2024 1. Rajesh Suman S/o Shri Rameshwar Suman, aged about 41 Years, Resident of Khasaradi Patan Road, Jhalawar, Police Station Kotwali, Jhalawar, District Jhalawar. 2. Smt. Gita Bai W/o Rameshwar, aged about 68 Years, Resident of Khasaradi Patan Road, Jhalawar, Police Station Kotwali, Jhalawad, District Jhalawar. ----Petitioners Versus 1. State of Rajasasthan, Through P.P. 2. Basant Kumar Kasat S/o Shri Pursottam Das Kasat, Aged About 52 Years, Resident of Jawahar Colony, Hanuman Mandir Ke Paas, Jhalawar. ----Respondents For Petitioner(s) : Ms. Akanksha Saxena For Respondent(s) : Mr. Amit Punia-PP JUSTICE ANOOP KUMAR DHAND Order 02/12/2025 1. Counsel for the petitioners submits that the petitioner No. 1 is a Government servant and for an incident dated 20.10.2024, the complainant-respondent lodged the impugned FIR No.668/2024 with the Police Station Kotwali, Jhalawar against the family members of the petitioner No.1 and in counterblast to the aforesaid, an FIR No. 680/2024 has been lodged by the petitioner No. 1 against the complainant. Counsel submits that later on, the petitioner No.1 has also been implicated in order to spoil his service cadre. Counsel submits that under these circumstances, the impugned FIR lodged qua the petitioners be quashed. (2 of 2) [CRLMP-8120/2024] 2. Learned Public Prosecutor opposes the prayer and submits that the contents of FIR reveals the commission of cognizable offence and the same is required to be investigated by the Police. Hence, interference of this Court is not warranted. 3. Heard and considered the submissions made at Bar and perused the material available on record. 4. Whether the petitioners were present on the spot at the time of incident or not, whether the petitioners were involved in the alleged incident or not and whether the petitioner No.1 has been implicated as an accused only because cross FIR has been registered by them. These are the disputed question of facts, which cannot be adjudicated by this Court in exercise of its inherent jurisdiction contained under Section 528 BNSS. Certainly, it is the job of the Investigating Officer. 5. However, the petitioners would be at liberty to submit an appropriate representation along with relevant documents in support of their contentions before the Investigating Officer, who shall consider the same in accordance with law. 6. The present criminal misc. petition, stay application and all pending application(s), stand disposed of. (ANOOP KUMAR DHAND),J Ashu/4