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2026 DAILYLAW 10342 (RAJ)

ALI MOHAMMAD S/O NIJRU, v. STATE OF RAJASTHAN

CRLMP/2885/2024 · 2026-07-16

Anoop Kumar Dhand

body2026

Judgment text

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[2026:RJ-JP:27164] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.2885/2024 URN: CRLMP / 6003U / 2024 1. Ali Mohammad S/o Nijru, R/o Dholet, Police Station Pahadi, District Deeg. 2. Sabir S/o Ali Mohammad, R/o Dholet, Police Station Pahadi, District Deeg. 3. Imran Vakeel S/o Ali Mohammad, R/o Dholet, Police Station Pahadi, District Deeg. 4. Tasleema W/o Javed, R/o Dholet, Police Station Pahadi, District Deeg. 5. Sabila W/o Sabir, R/o Dholet, Police Station Pahadi, District Deeg. 6. Injmam Ul Hak S/o Umar Mohammad, R/o Dholet, Police Station Pahadi, District Deeg. 7. Akram S/o Umar Mohammad, R/o Dholet, Police Station Pahadi, District Deeg. 8. Mohammad Faijal S/o Javed, R/o Dholet, Police Station Pahadi, District Deeg. ----Petitioners Versus 1. State Of Rajasthan, Through P.p. 2. Devendra Singh, A.s.i. Police Station Pahadi, District Deeg. ----Respondents For Petitioner(s) : Mr. Yogesh Chawla for Mr. Sumer Singh Ola For Respondent(s) : Ms. Arti Sharma JUSTICE ANOOP KUMAR DHAND Order 16/07/2026 1. By way of filing the instant criminal misc. petition, a prayer has been made to quash the impugned FIR No.161/2024 [2026:RJ-JP:27164] (2 of 4) [CRLMP-2885/2024] registered at the Police Station Pahadi, District Deeg for the offences punishable under Sections 147, 148, 149, 336, 332, 353 and 307 IPC. 2. Learned counsel for the petitioners submits that by concocting a completely false story, the entire family members have been implicated in the instant case. Learned counsel submits that an FIR has also been registered against a dead person i.e. Kamalabi, who is the wife of the petitioner No.1, who had passed away long back on 28.08.2018. In spite of above, she has been arrayed as an accused in the impugned FIR registered on 05.05.2024. He further submits that the petitioner No.3-Imran Vakeel and the petitioner No.6-Injmam Ul Hak are minor children, in spite of above, they have also been arrayed as an accused and have been falsely booked in the instant case. Learned counsel submits that a false story has been concocted to book each and every individual of the family. Hence, interference of this court is warranted. 3. Per contra, learned Public Prosecutor opposed the prayer and submitted that the matter is still at the investigation stage, hence, interference of this court is not warranted and the instant misc. petition is liable to be rejected. 4. Heard and considered the submissions made at the Bar and perused the material available on the record. 5. For the alleged incident dated 05.05.2024, the impugned FIR has been registered by the complainant against other accused persons with the Police Station Pahadi, District Deeg, wherein several allegations have been levelled against them. [2026:RJ-JP:27164] (3 of 4) [CRLMP-2885/2024] 6. It has been argued that one of the accused against whom FIR has been registered is Kamalabi, who has passed away long back on 28.08.2018, still she has been implicated as an accused. A copy of her death certificate has also been enclosed with the instant misc. petition. It has also been argued that the petitioner No.3 and petitioner No.6 are minor, still they have also been implicated as an accused. 7. All above facts are required to be investigated by the Investigating Officer. 8. At this stage, this Court cannot adjudicate and adjudge the correctness of the allegations levelled against the petitioners. This Court cannot conduct fishing and roving enquiry to find out the truth behind the allegations levelled against the petitioners. Certainly, this task has been assigned to the Investigating Officer. 9. Considering the overall facts and circumstances of the present case, this Court deems it just and proper to dispose of the instant petition, granting liberty to the petitioners to file an appropriate representation before the Investigating Officer. It is expected from the Investigating Officer to consider the same and submit the conclusion report of investigation under Section 173 Cr.P.C. before the Competent Court, strictly in accordance with law. 10. This order has its effect only if the investigation is still pending and in case charge-sheet has already been submitted against the petitioners, then they would be at liberty to take all these grounds and the defence before the Trial Court at the appropriate stage of the trial. [2026:RJ-JP:27164] (4 of 4) [CRLMP-2885/2024] 11. Accordingly, the instant criminal misc. petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J 36/Karan