MOHAN LAL S/O SHRI BHANWAR LAL B/C DHAKAD v. STATE OF RAJASTHAN
CRLMP/713/2020 · 2026-04-01
Anoop Kumar Dhand
body2026
DailyLaw.ai
[ 2026 DAILYLAW 1498 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1498 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:13503] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 713/2020 Mohan Lal S/o Shri Bhanwar Lal, R/o Sarthal PS Chipa Badod, District Baran. ----Accused-Petitioner Versus
1. State of Rajasthan, Through P.P.
2. Laxmi Jatav W/o Parmanand, R/o In Front Of Life Line Hospital Main Market Yadav Mollah Aklera District Jhalawar. ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND Order 01/04/2026
1. By way of filing the instant criminal miscellaneous petition, a challenge has been led to the impugned FIR No. 58/2019 registered at the Police Station Chabra, District Baran, for the offence(s) punishable under Section(s) 376/511 of IPC and 3(1) (w)(ii) of the SC/ST (Prevention of Atrocities) Act, 1989. 2. None has put in appearance on behalf of the petitioner, but looking to the fact that the instant petition is lying pending before this Court since the year 2020 and the offence pertains to heinous offence, hence, this Court deems it just and proper to look into the facts and grounds pleaded in the present petition and decide the same. 3. Perusal of the facts as well as grounds pleaded in the instant petition reveals that the petitioner has not committed any offence
[2026:RJ-JP:13503] (2 of 3) [CRLMP-713/2020] and he has been falsely booked in the instant case and even the ingredients of the offence are not made out, but with malitious intent, the instant FIR has been lodged against him for the alleged offence. Hence, interference of this Court is warranted. 4. Per contra, learned Public Prosecutor opposes the prayer and submitted that as per the allegations levelled in the aforesaid FIR, a prima facie case was found to be proved against him under Section 376 IPC and 3(1)(w)(ii) of the SC/ST (Prevention of Atrocities) Act, 1989 and since the petitioner is not traceable in spite of several attempts made by the Investigating Agency, hence, charge-sheet under Section 299 Cr.P.C. has been submitted against him before the Concerned Court i.e. Additional District & Sessions Judge, District Baran on 09.12.2019. 5. Heard and considered the submissions made at the Bar and perused the material available on record. 6.
Allegations levelled in the impugned FIR against the petitioner reveals commission of cognizable offence, the correctness of the allegations cannot be examined adjudged/adjudicated by this Court in exercise of inherent jurisdiction contained under Section 482 Cr.P.C., as certainly this task has been assigned to the Investigating Agency who has already found the allegations to be prima facie proved against the petitioner. That is why charge-sheet under Section 299 Cr.P.C. has been submitted against him way-back in the month of December, 2019 as the accused is absconding and he is beyond the clutches of the Investigating Agency. 7. Considering the above facts and circumstances of the case, this Court finds no merit and substance in the instant petition. [2026:RJ-JP:13503] (3 of 3) [CRLMP-713/2020] Accordingly, the same is liable to be and is hereby dismissed. Stay application, all pending application(s), if any, stands dismissed. (ANOOP KUMAR DHAND),J Puneet-Shivam/11