ABID NOOR SON OF SHRI NANHE KHAN, v. STATE OF RAJASTHAN
CRLMP/5664/2021 · 2026-07-13
Anoop Kumar Dhand
body2026
DailyLaw.ai
[ 2026 DAILYLAW 10087 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 10087 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:26193] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5664/2021 URN: CRLMP / 10549U / 2021 Abid Noor Son of Shri Nanhe Khan, aged about 42 Years, Resi- dent of Sankhna P.S. Mehandwas District Tonk (Raj). ----Accused-Petitioner Versus
1. State of Rajasthan, through P.P.
2. Victim ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr.N.S. Dhakar, PP JUSTICE ANOOP KUMAR DHAND Order 13/07/2026
1. The instant misc. petition is listed before this Court in pur- suance of the directions issued by the Hon’ble Apex Court in the case of Vijay Kumar and Ors. Vs. State of Rajasthan (Petition for Special Leave to Appeal (Crl.) No. 773/2026, decided on 15.01.2026), wherein the Hon’ble Apex Court observed that in various matters, interim orders have been passed in criminal revi- sion petitions and petitions filed under Section 482 Cr.P.C., as a re- sult of which trial relating to serious offences such as murder, rape, dacoity, dowry death, etc., could not proceed and remained stalled/held up due to the passage of considerable time. 2. Directions have been issued to this Court and other High Courts to take up such like matters which are pending since long, on priority and decide the same expeditiously without deferring the hearings to subsequent dates. [2026:RJ-JP:26193] (2 of 3) [CRLMP-5664/2021]
3. By way of filing the instant criminal misc. petition, a prayer has been made to quash the impugned F.I.R. No.214/2021 regis- tered at the Police Station Vaishali Nagar, District Jaipur (West) for the offences punishable under Sections 420, 313, 376-D, 376 (2) (n), 295-A, 384 & 506 IPC. 4. It has been averred in the instant petition that the pros- ecutrix was a consenting party to the relationship with the ac- cused-petitioner and this fact is clear from the photographs and WhatsApp chats appended with the petition. Hence, a prayer has been made to quash the impugned F.I.R.
5. Per contra, learned Public Prosecutor opposed the prayer made by learned counsel for the petitioner. 6. Heard and considered the submissions made at the Bar and perused the material available on record. 7.
Perusal of the contents of the impugned F.I.R. as well as the allegations levelled therein reveals commission of cognizable of- fence and the correctness of the allegations cannot be examined by this Court, while exercising inherent powers contained under Section 482 Cr.P.C. Certainly, this task has been assigned to the Investigating Agency. 8. Considering the overall facts and circumstances of the case, this Court deems it just and proper to dispose of the instant peti- tion, granting liberty to the petitioner to submit an appropriate representation along-with the documents in support of his con- tentions before the Investigation Officer, who shall consider the same and submit the conclusion report of investigation under Sec- tion 173 Cr.P.C., if the same has not not submitted before the con- cerned Court yet. [2026:RJ-JP:26193] (3 of 3) [CRLMP-5664/2021]
9. In case, charge-sheet or final report has already been sub- mitted by the Investigating Officer before the concerned Court, the petitioner would be at liberty to take all the available grounds, which have been taken before this Court and all the defence avail- able to him at the appropriate stage of the trial. 10. With the aforesaid observations, the instant criminal misc. petition stands disposed of. All pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma/2