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2026 DAILYLAW 10345 (RAJ)

SHOKEEN S/O NABI KHAN, v. STATE OF RAJASTHAN

CRLMP/6264/2022 · 2026-07-14

Anoop Kumar Dhand

body2026

Judgment text

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[2026:RJ-JP:26638] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.6264/2022 URN: CRLMP / 10675U / 2022 1. Shokeen S/o Nabi Khan, Aged About 26 Years, R/o Village Alapur, Tehsil And District Alwar (Rajasthan). 2. Bassi S/o Nabi Khan, Aged About 55 Years, R/o Village Alapur, Tehsil And District Alwar (Rajasthan). 3. Saalim S/o Nabi Khan, Aged About 24 Years, R/o Village Alapur, Tehsil And District Alwar (Rajasthan). 4. Jaibu W/o Saalim, Aged About 22 Years, R/o Village Alapur, Tehsil And District Alwar (Rajasthan). ----Petitioners Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Director General Of Police Of Rajasthan, Police Head Quarters, Lal Kothi, Tonk Road, Jaipur. ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. N.S. Dhakar, PP JUSTICE ANOOP KUMAR DHAND Order 14/07/2026 1. By way of filing the instant criminal misc. petition, two alternative prayers have been made; one for quashing the impugned FIR No.397/2022 registered at the Police Station Udhyog Nagar, District Alwar for the offences punishable under Sections 363, 366-A, 342, 313, 506 and 376DA IPC and Sections 5g and 6 of the POCSO Act and; the other prayer for issuing directions to the respondent No.2 for conducting fair and impartial investigation of the impugned FIR. [2026:RJ-JP:26638] (2 of 3) [CRLMP-6264/2022] 2. It has been averred in the instant petition that no offence whatsoever has been committed by the petitioners and they have been falsely implicated in the instant case only with a view to harass and cause loss to them. It has also been averred in the instant petition that before approaching this Court, the petitioners had previously approached the police authorities for making fair and impartial investigation to reveal the truth behind the entire incident, but no heed has been paid to the grievances, hence, under these circumstances, they have approached this Court by way of filing the instant criminal misc. petition with the above two prayers. 3. Per contra, learned Public Prosecutor opposed the prayer made in the instant criminal misc. petition. 4. Heard and considered the submissions made at the Bar and perused the material on record. 5. Perusal of the impugned FIR and the allegations levelled therein reveals commission of cognizable offence. The correctness of the allegations cannot be examined by this Court while exercising its inherent powers contained under Section 482 Cr.P.C. This Court cannot conduct fishing and roving enquiry to find out the truth behind the allegations levelled against the petitioner. Certainly, this task has been assigned to the Investigating Officer. Hence, this Court does not find any valid reason to quash the impugned FIR. 6. The alternative prayer has been made by the petitioners for issuing directions to the Investigating Officer i.e. respondent No.2 for conducting fair and impartial investigation to reveal the truth, this Court deems it just and proper to dispose of the instant [2026:RJ-JP:26638] (3 of 3) [CRLMP-6264/2022] criminal misc. 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. 7. This order has its effect only if the investigation is lying 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. 8. 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 1/Karan