[2026:RJ-JP:16477] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3581/2023 Bhanwar Singh S/o Amarlal, R/o Village Nagda, Police Station Bapcha, District Baran (Raj). ----Petitioner Versus 1. State Of Rajasthan, Through P.P. 2. Victim, R/o ----Respondents For Petitioner(s) : None For Respondent(s) : Mr. Jitendra Singh Rathore-PP JUSTICE ANOOP KUMAR DHAND Order 18/04/2026 1. By way of filing the instant criminal misc. petition, a challenge has been made to the impugned order dated 27.06.2016, passed by the Court of Additional Chief Judicial Magistrate, Chabra, District Baran in FR No. 39/2015, by which cognizance has been taken against the accused petitioner for the offences under Sections 457 and 376 IPC. 2. It has been averred in the instant petition that a complaint under Sections 457 and 376 IPC was submitted by the complainant-respondent No.2 against the accused-petitioner and the same was sent for further investigation under Section 156(3) Cr.P.C. to the Police Station Bapcha, District Baran where FIR No. 137/2015 was registered under Sections 457 and 376 IPC. After investigation, the police submitted Final Report (Negative) against which a protest petition was submitted by the complainant- [2026:RJ-JP:16477] (2 of 3) [CRLMP-3581/2023] respondent. In the meanwhile, statements of the complainant- responent and other witnesses were recorded. Upon finding a prima facie case against the accused-petitioner, cognizance has been taken against him for the above stated offences vide impugned order dated 27.06.2016, against which a revision petition was submitted by the petitioner before the Court of Additional District and Sessions Judge, Chabra, District Baran, however, the same was rejected vide order dated 28.04.2023. It has been further averred in the instant petition that in fact no offence whatsoever has been committed by the accused-petitioner and he has been falsely booked in the instant case and in this regard, Final Report (Negative) has been submitted by the Police. Hence, under these circumstances, a prayer has been made by the accused-petitioner before this Court for quashing the order of cognizance against him. 3. It is the settled proposition of law that at the time of taking cognizance, only prima facie case is required to be seen and in the instant case, the Trial Court has found a prima facie case to proceed against the petitioner. The defence of the accused and the meticulous examination of the evidence cannot be looked into at the initial stage of taking cognizance. Certainly, such meticulous examination of evidence and defence of the accused would be looked into at the appropriate stage of the trial by the Trial Court. 4. In the considered opinion of this Court, the Trial Court as well as the Revisional Court have not committed any error which require any interference of this Court. [2026:RJ-JP:16477] (3 of 3) [CRLMP-3581/2023] 5. With the aforesaid observations, the present petition stands dismissed. Stay application and all pending application(s), if any, also stand dismissed. (ANOOP KUMAR DHAND),J Ashu/17