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2025 DAILYLAW 5084 (RAJ)

AALIM KHAN S/O SARTAJ v. STATE OF RAJASTHAN

CRLMP/583/2025 · 2025-08-29

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:34696] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 583/2025 1. Aalim Khan S/o Sartaj, Resident Of Shesha, Malarna Dungar, District Sawai Madhopur. 2. Dilshana S/o Aalim, Resident Of Shesha, Malarna Dungar, District Sawai Madhopur. 3. Lukman Khan S/o Sartaj, Resident Of Shesha, Malarna Dungar, District Sawai Madhopur. 4. Nabiyan W/o Murad, Resident Of Shesha, Malarna Dungar, District Sawai Madhopur. 5. Kalsum W/o Lukman, Resident Of Shesha, Malarna Dungar, District Sawai Madhopur. ----Petitioners Versus 1. State Of Rajasthan, Through P.p. 2. Hajari Khan S/o Mahboob Khan, R/o Shesha, Malarna Dungar, District Sawai Madhopur (Rajasthan). ----Respondents For Petitioner(s) : Mr. Umesh Dixit For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 29/08/2025 1. Accused petitioners have filed instant petition under Section 528 BNSS, 2023 (erstwhile Section 482 Cr.PC), seeking to quash the FIR No.244/2021 registered at Police Station Malarna Dungar, District Sawai Madhopur for offences under Sections 143, 323, 341, 336 and 447 IPC. 2. From perusal of contents of impugned FIR, it appears that on the issue of putting an iron fencing over the agricultural field, some scuffle entered into between parties and from the side of petitioners, one FIR [2025:RJ-JP:34696] (2 of 2) [CRLMP-583/2025] No.247/2021 for offences under Sections 447, 143, 341 & 323 IPC was registered. 3. Public Prosecutor pointed out that in the impugned FIR, after investigation, charges for offences under Sections 143, 323 & 341 IPC have been found established against petitioners and one Smt. Rasidan. Offences are bailable in nature and petitioners have already been released on bail. 4. Having considered the allegations in the FIR and charge-sheet, it is explicit that cognizable offencess have been constituted and in that view, at this stage, this Court does not find it fit to quash the impugned FIR in exercise of its inherent jurisdiction. As far as cross FIR No. 247/2021 filed from the side of petitioners, is concerned, Police may proceed with the investigation in accordance with law and conclude the same expeditiously, if has not been concluded so far. 5. With the aforesaid, instant misc. petition is disposed of. 6. Stay application and pending application(s), if any, stand disposed of. (SUDESH BANSAL),J Sachin/2