[2026:RJ-JP:27026] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7293/2022 URN: CRLMP / 12489U / 2022 Laxmi Narayan Bairwa S/o Shri Devi Sahay Bairwa, Aged About 36 Years, Resident Of Village Mehandipur, Post Balaji, Tehsil Toda Bhim, P.s. Toda Bhim, District Karauli, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through P.P. 2. Seema Kumari Choudhary, S.i., P.s. Toda Bhim, District Karauli, Rajasthan. ----Respondents For Petitioner(s) : Mr. Babu Lal Bairwa with Mr. Deepesh Sharma and Mr. Atar Singh Gurjar For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP JUSTICE ANOOP KUMAR DHAND Order 15/07/2026 1. By way of filing the instant criminal misc. petition, a prayer has been made to quash the impugned FIR No.316/2021 registered with the Police Station Toda Bhim, District Karauli for the offence punishable under Section 13 of the Rajasthan Public Gambling Ordinance, 1949. 2. Learned counsel for the petitioner submits that the petitioner is a practicing lawyer and he has not committed any offence whatsoever. Counsel submits that an incident had occurred with some persons and during hue and cry, the petitioner reached on the spot to intervene and in the meantime, the Police apprehended the petitioner and implicated him in the instant false [2026:RJ-JP:27026] (2 of 3) [CRLMP-7293/2022] case by concocting a false story. Counsel submits that even a complaint under Section 147, 341, 323, 342, 379 and 504 IPC has been submitted by the petitioner against the Investigating Officer before the Court of Additional Chief Judicial Magistrate, Todabhim, District Karauli. Counsel submits that under these circumstances, interference of this Court is warranted. 3. Per contra, learned Public Prosecutor opposed the prayer and submitted that after thorough investigation in the instant matter, and after finding a prima facie case against the petitioner, charge- sheet has been submitted against him under Section 13 of the Rajasthan Public Gambling Ordinance, 1949, hence, interference of this Court is not warranted and the instant petition is liable to be quashed. 4. Heard and considered the submissions made at Bar and perused the material available on record. 5. Perusal of the allegations levelled in the impugned FIR reveals commission of cognizable offence. The correctness of the allegations cannot be examined or adjudged by this Court to ascertain the truthfulness of the allegations levelled while exercising its inherent jurisdiction under Section 482 Cr.P.C. Whether the petitioner was present on the spot by way of intervening or whether the petitioner has committed any offence, are disputed questions of fact, which cannot be adjudicated by this Court. 6. Considering the above facts and circumstances of the case, this Court deems it just and proper to dispose of the instant criminal misc. petition, granting liberty to the petitioner to take all [2026:RJ-JP:27026] (3 of 3) [CRLMP-7293/2022] objections which have been taken before this Court, at the stage of framing of charge/discharge before the Trial Court. 7. With the aforesaid observations, the instant criminal misc. petition stands disposed of. Stay application as well as all pending applications, if any, stand disposed of. (ANOOP KUMAR DHAND),J KuD/34