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2025 DAILYLAW 7889 (RAJ)

PAWAN DUBEY @ BABLU DUBEY S/O MR. RADHESHYAM DUBEY v. STATE OF RAJASTHAN

CRLMP/1135/2019 · 2025-07-04

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:24748] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1135/2019 Pawan Dubey @ Bablu Dubey S/o Mr. Radheshyam Dubey, R/o 35 Jaganathpui I Durgapura, Jaipur. ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Bharti W/o Shri Bablu Dubey D/o Shri Rajkumar, R/o Ganeshpura Kachi Basti, Parvati Colony, Station Ke Samne Kota. Currently Residing At 35 Jaganathuri I Durgapura, Jaipur. 3. Saroj Saini W/o Mahender Saini, R/o House No. B-221, Indra Colony Police Station Vigyan Nagar Kota. ----Respondents For Petitioner(s) : Mr. Sunil Kumar Chechi for Mr. Sumit Khandelwal For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 04/07/2025 1. By way of filing the instant criminal misc. petition, the petitioner has prayed for quashing the FIR No. 481/2018 registered at Police Station Railway Colony, District Kota and has also prayed to grant directions with regard to safety and liberty of the petitioner. 2. Vide order dated 26.02.2019 passed by this Court, further proceedings arising out of impugned FIR were stayed by this Court. 3. Learned counsel for the petitioner would submit that allegations in the impugned FIR are with regard to abduction of niece of complainant who is respondent No. 2 in the instant criminal misc. petition. 4. Learned counsel for the petitioner submits that the petitioner and respondent No. 2 have performed marriage and have been [2025:RJ-JP:24748] (2 of 2) [CRLMP-1135/2019] leading peaceful marital life and out of their wedlock one child has also born. Under the circumstances, the impugned FIR may create disturbance in the married life of petitioner and respondent No. 2. 5. Vide order dated 15.05.2025, this Court directed learned Public Prosecutor to place on record the factual report in order to verify the fact as to whether the petitioner has performed marriage with respondent No. 2 or not. 6. Today, learned Public Prosecutor has placed on record the factual report dated 25.05.2025 in which it has been verified by the Investigating Officer that respondent No. 2 has performed marriage with the petitioner and has also verified the marriage registration certificate issued by the competent authority. 7. It has also been mentioned in the factual report that since there is an interim order in the instant criminal misc. petition with regard to any proceedings pursuant to impugned FIR, therefore, final decision could not be taken by the Investigating Authority. 8. In light of above, on the basis of facts mentioned in factual report dated 25.05.2025, the Investigating Officer is directed to complete the investigation and to submit final report within a period of two months from the date of receipt of this order. 9. It is made clear that in case any offence is found to be made out against the petitioner, then a notice of 14 days shall be given to the petitioner prior to taking any adverse action. 10. Accordingly, the instant criminal misc. petition stands disposed of. (ANAND SHARMA),J DIVYA /174