GAJANAND PRAJAPATI S/O SHRI NAVRATAN PRAJAPATI v. STATE OF RAJASTHAN
CRLMP/916/2025 · 2025-02-14
Ganesh Ram Meena
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7137 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7137 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:6580] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 916/2025 Gajanand Prajapati S/o Shri Navratan Prajapati, Aged About 36 Years, R/o Plot No. 26, Siddharth Colony, Sodala, Jaipur ( Rajasthan). ----Accused-Petitioner Versus
1. State Of Rajasthan, Through P.P. .........Respondent
2. Vimal Kishore Sonkhiya S/o Shri Rameshwar Dayal, R/o Plot No. C-36, Jagdamba Apartment, Radha Vihar, New Sanganer Road, Jaipur. Business Address- Sankhiya Traders, New Sanganer Road, Ashokpura, Gali No. 01, Sodala, Jaipur ( Rajasthan). ----Complainant-Respondents For Petitioner(s) : Mr. Rakesh Saini For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 14/02/2025
1. The present criminal misc. petition under Section 528 B.N.S.S. has been filed by the petitioner with a prayer to quash the F.I.R. No.44/2025, registered at the Police Station, Shyam Nagar, Jaipur City (South), for the offences punishable under Sections 305-(a) & 331(3) of B.N.S., 2023.
2. Counsel for the petitioner submits that the impugned F.I.R. has been lodged against the present petitioner with false and fabricated facts.
3. Learned Public Prosecutor has opposed the prayer made on behalf of the petitioner.
[2025:RJ-JP:6580] (2 of 2) [CRLMP-916/2025]
4. Heard.
5. Considered the submissions made at bar and also perused the material available on record.
6. The law with regard to quashing of an FIR/criminal case has been settled in case of State of Haryana & Ors. Vs. Ch. Bhajan Lal & Ors. (AIR 1992 SC 604).
7. Taking into consideration the averments made in the impugned FIR, it cannot be said that no cognizable offence is constituted from the averments made in the FIR, this Court has no mechanism to come to the conclusion that the allegations levelled against the present petitioner are false and fabricated without there being proper investigation by the Police.
8. In view of the aforesaid circumstances, this Court finds no ground to quash the impugned FIR.
9. Accordingly, the present criminal misc. petition is dismissed.
10. Stay application and pending application/s, if any, also stand disposed of.
(GANESH RAM MEENA),J ARTI SHARMA /29