[2026:RJ-JP:10670] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3279/2019 Jagdish Prasad Sharma S/o Shri Ram Niwas Sharma, R/o Plot No.A-222, Bai Ji Ki Kothi, Sain Colony, Ward No.27, Jhalana Doongri, Jaipur 302004. ----Petitioner Versus 1. State Of Rajasthan, Through PP. 2. State Bank Of India, Branch SMS Highway, Choura Rasta, Jaipur, Through Its Chief Manager. ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. Narendra Singh Dhadda, PP Mr. Vivek Choudhary, PP JUSTICE ANOOP KUMAR DHAND Order 13/03/2026 1. By way of fling the instant criminal misc. petition, a challenge has been made to the impugned FIR No.29/2019, registered with the Police Station Kotwali Jaipur, District Jaipur City (North) registered for the offences under Sections 403, 420 and 406 IPC. 2. At the outset, learned Public Prosecutor apprised this Court, on the basis of the factual report furnished by the Station House Officer, Police Station, Kotwali, Jaipur City (North), that after thorough investigation in the matter, the offence under Sections 428 and 406 was not found to be proved. He further submitted the offence under Section 403 IPC was found to be proved, but looking to the fact that the same is non-cognizable, hence, final [2026:RJ-JP:10670] (2 of 2) [CRLMP-3279/2019] report has been submitted before the Court of Chief Metropolitan Magistrate, Jaipur Metropolitan on 04.06.2019, as the Police has no power to file charge-sheet in a non-cognizable offence. 3. Considering overall facts and circumstances of the case, the instant misc. petition is rendered as infructuous. 4. Accordingly, the instant criminal misc. petition is dismissed as having become infructuous. The stay application and all pending applications, if any, also stand dismissed. 5. The factual report dated 16.08.2020 submitted by the Station House Officer, Police Station, Kotwali, Jaipur City (North) is ordered to be retained on the record. (ANOOP KUMAR DHAND),J KuD/2