[2026:RJ-JP:12807] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7947/2018 Uttam Yadav S/o Shri Chand Yadav, R/o House No. 7 Janaki Vi- har Flat No. 103 Bani Park, Jaipur, Raj. ----Accused-Petitioner Versus 1. State of Rajasthan, Through P.P. Cum Additional Advocate General Rajasthan High Court Bench Jaipur. 2. Radha Devi W/o Prahlad, R/o Near Ganesh Mandi, Moti Doongari, Jaipur City (East), Jaipur, Rajasthan (India). ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. Jitendra Singh Rathore, PP Mr. Kapil Nagayach for Ms. Meenakshi Pareek JUSTICE ANOOP KUMAR DHAND Order 27/03/2026 1. The instant misc. petition is listed before this Court in pursuance of the directions issued by the Hon’ble Apex Court in the case of Vijay Kumar and Ors. Vs. State of Rajasthan (Petition for Special Leave to Appeal (Crl.) No. 773/2026, decided on 15.01.2026), wherein the Hon’ble Apex Court observed that in various matters, interim orders have been passed in criminal revision petitions and petitions filed under Section 482 Cr.P.C., as a result of which trial relating to serious offences such as murder, rape, dacoity, dowry death, etc., could not proceed and remained stalled/held up due to the passage of considerable time. 2. Taking serious note of the aforesaid factual aspect of the matter, directions have been issued to this Court and other High [2026:RJ-JP:12807] (2 of 4) [CRLMP-7947/2018] Courts to take up such like matters on priority and decide the same expeditiously without deferring the hearings to subsequent dates. 3. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned FIR No.285/2018 registered at the Police Station Moti Doongri, District Jaipur City (East) for the offences punishable under Section(s) 376 & 384 IPC. 4. No one has put in appearance on behalf of the petitioner. 5. The instant matter pertains to a heinous offence for which the aforementioned FIR has been registered and an interim order dated 19.12.2018 was passed by the Co-ordinate Bench of this Court in favour of the petitioner directing further proceedings arising out of the FIR to remain stayed. 6. It appears that after issuance of the interim order dated 19.12.2018, whenever the matter has come up before the Court, either time has been sought or none has put in appearance on behalf of the petitioner and that is why the case has been deferred from one date to another and in the meantime more than 8 years have passed. 7. Considering the above factual aspect of the matter, this Court has looked into the contents of the misc. petition which indicate that the case of the petitioner is that he has been falsely booked and in fact, no incident has been caused by him. Several other grounds have also been taken for assailing the validity of the impugned FIR, registered against the petitioner. Therefore, a prayer has been made for quashing the FIR itself. [2026:RJ-JP:12807] (3 of 4) [CRLMP-7947/2018] 8. Per contra, learned Public Prosecutor as well as counsel appearing on behalf of the complainant opposed the prayer and submitted that the contents of the impugned FIR and the statements of the prosecutrix, recorded under Section 161 and 164 of Cr.P.C., reveal commission of cognizance offence and after carrying out thorough investigation in the matter, from all the four corners, the role of the petitioner was found to be prima facie proved and the charge-sheet has also been submitted against him under Section(s) 376 & 384 IPC on 03.06.2019 before the Court of Additional Chief Metropolitan Magistrate No.6, Jaipur Metropolitan. Counsel further submits that under these circumstances, interference of this Court is not warranted and the instant misc. petition is liable to be rejected. 9. Heard and considered the submissions made at the bar and perused the material available on record. 10. Perusal of the contents of the FIR and the allegations levelled therein against the petitioner reveal commission of a cognizable offence and the correctness of such allegations cannot be examined and adjudicated by this Court at this initial stage while exercising its inherent jurisdiction under Section 482 Cr.P.C. as certainly, this task has been assigned to the Investigating Agency who has already found a prima facie case against the petitioner for causing the offence under Section(s) 376 & 384 IPC and accordingly charge-sheet has already been submitted against him way-back in the month of June, 2019 and much water has flown thereafter. 11. This Court, considering the overall facts and circumstances of the case, deems it just and proper to dispose of the instant [2026:RJ-JP:12807] (4 of 4) [CRLMP-7947/2018] criminal misc. petition granting liberty to the petitioner to take all the available grounds and defence, which have been taken in the instant misc. petition before this Court, at the appropriate stage of trial in case the trial is still pending. It is made clear that in case the trial has reached its conclusion stage or has been concluded, then this order would not have any bearing or effect. 12. With the aforesaid observation and direction, the instant petition stands disposed of. The order dated 19.12.2018 stands vacated. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Puneet-Shivam/1