[2026:RJ-JP:203] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7601/2025 Smt. Jay Mala Gupta D/o Shri Sitaram Gupta W/o Shri Dilip Goyal, Aged About 43 Years, R/o D-30 Thalmal Colony, Kunadi Sakatpura Kota (Rajasthan) ----Petitioner Versus 1. State Of Rajasthan, Through PP 2. Sh. Purshottam Joshi S/o Shri Lalit Kumar, Aged About 29 Years, R/o H.no. Thermal Colony, Kunadi, Kota City Rajasthan, Presentaly R/o Housu No. D-157 Tharmel Colony, Kunadi, Kota City, Rajasthan ----Respondents For Petitioner(s) : Mr. Vinod Kumar Sharma For Respondent(s) : Mr. Amit Punia, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 06/01/2026 Instant Criminal Misc. Petition has been filed under Section 528 of BNSS on behalf of the petitioner for quashing of FIR No.239/2025 registered at Police Station Kunadi, District Kota City for offences punishable under Sections 115(2), 126(2) & 324(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. Learned Counsel for the petitioner contends that the impugned FIR is nothing but a counterblast to the earlier complaints lodged by the petitioner against the complainant on several occasions. It is further contended that, according to the impugned FIR, the alleged incident is stated to have occurred on 22.09.2025 on a public way. However, the place of the alleged incident falls within the coverage of CCTV cameras, and a perusal [2026:RJ-JP:203] (2 of 2) [CRLMP-7601/2025] of the CCTV footage clearly reveals that no such incident ever took place. Therefore, the impugned FIR is based on false, fabricated, and concocted facts. I have considered the submissions advanced by learned Counsel for the petitioner. Perusal of the FIR would reveal that contents of FIR discloses commission of cognizable offence and case of the present petitioner is not covered by the guidelines prescribed by Hon’ble Supreme Court in the case of State of Haryana & Ors. versus Choudhary Bhajan Lal & Ors. reported in AIR 1992 SC 604. The facts and circumstances of the case are required to be investigated by the Investigation Agency. Thus, this Court does not find a good ground to quash the FIR. Accordingly, this Criminal Misc. Petition stands dismissed. However, petitioner would be at liberty to file comprehensive representation along with CCTV footage before the Investigating Officer. If any such representation is filed by the petitioner before the Investigating Officer, Investigating Officer is directed to consider the same before forming an opinion. The stay application and pending application(s), if any, also stand dismissed. (ANIL KUMAR UPMAN),J CHARU SONI /113