[2026:RJ-JP:30199] sHIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4300/2023 CNR: RJHC020561282023 | URN: CRLMP / 8359U / 2023 Asharam S/o Shri Kailashi Ram, Aged About 32 Years, R/o Village And Post Moodik, Tehsil Baseri, District Dholpur, Presently Working As A Constable Belt No. 661 At Police Station Maniya, District Dholpur. ----Petitioner Versus 1. State Of Rajasthan, Through P.P. 2. SHO, Police Station Diholi, District Dholpur. ----Respondents For Petitioner(s) : Mr. Hanuman Choudhary For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 04/08/2026 1. Instant writ petition under Section 482 Cr.P.C. is filed by petitioner with following prayer:- i. By an appropriate order or direction thereby the impugned complaint cum investigation report dated 16.01.2023 may kindly be quashed and set aside without being initiated further legal action against the accused petitioner on the basis of investigation report dated 16.01.2023 and also acquitted the petitioner from all offence made out against him under Section 193, 120-B IPC. 2. Learned Public Prosecutor has submitted a report received from P.S. Diholi, District Dholpur. The report indicate that on basis of search and seizure effected from the bus (RJ-11PA-0851) by Satya Prakash, Head Constable-780, P.S. Diholi, FIR No.217/2017 [2026:RJ-JP:30199] (2 of 2) [CRLMP-4300/2023] under Section 19/54 of Rajasthan Excise Act, was registered at P.S. Diholi, District Dholpur on 26.11.2017. After investigation, police has already filed a charge-sheet in said matter. On complaint filed by bus owner Pradeep Kumar, the matter was re- investigated and during investigation, it has come to notice that the recovery of illicit liquor was a conspiracy between Anil, Sunil, Binu and Asharam, but a benefit of doubt was given to Satya Prakash Head Constable, who was leader of the search team. 3. As per report, the police has already cancelled the charge- sheet against bus driver and conductor and further submitted an application under Section 169 of Cr.P.C. for discharge of Radheyshyam and Rajendra. The report further indicate that a complaint has been filed against Anil, Sunil, Binu and Asharam under Section 193 and 120-B IPC before learned Judicial Magistrate Rajakhera, District Dholpur on 24.04.2023. 4. Learned counsel for petitioner submits that a liberty be granted to him to challenge the complaint and also cognizance order, if any, passed by learned Trial Court and with liberty aforesaid, he offered to withdraw current petition under Section 482 of Cr.P.C. 5. The misc. petition is disposed as withdrawn with liberty as aforesaid. 6. Misc. petition, and misc. application(s), if any, stands disposed of. (ASHOK KUMAR JAIN),J 15/GAURAV