[2026:RJ-JP:16400] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 8141/2022 1. Insar S/o Nasru, R/o Jattwas, Sikri, District Bharatpur. 2. Arbaj S/o Sarra, R/o Jattwas, Sikri, District Bharatpur. ----Petitioners Versus 1. State of Rajasthan, Through P.P. 2. Mustak S/o Bhoor, R/o Village Raipur, Suketi, Police Station Sikri, District Bharatpur (Raj). ----Respondents For Petitioner(s) : Ms. Vijay Laxmi Jangid Ms. Pratibha Gupta Mr. Suresh Kumar For Respondent(s) : Mr. Jitendra Singh Rathore, PP with Ms. Neha Goyal Mr. Chaman Singh with Ms. Neena Kaushal JUSTICE ANOOP KUMAR DHAND Order 18/04/2026 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. [2026:RJ-JP:16400] (2 of 3) [CRLMP-8141/2022] 2. Directions have been issued to this Court and other High Courts to take up such like matters which are pending since long, on priority and decide the same expeditiously without deferring the hearings to subsequent dates. 3. By way of filing the instant petition, a challenge has been led to the impugned FIR No. 266/2022, registered with Police Station Sikri, District Bharatpur for the offences punishable under Sections 363 & 376D IPC and Section 3/4 of POCSO Act, 2012. 4. Learned counsel for the petitioner submits that the petitioners have not committed any offence whatsoever, and the impugned FIR has been filed against them based on false averments with the mala fide intention to harass the petitioners by implicating them in the instant case. Counsel further submits that after registration of the impugned FIR an affidavit has been furnished by the prosecutrix and her family members in favour of the petitioners that the aforesaid FIR was lodged against the petitioners at the instance of certain other persons and in fact, no such incident has occurred with the prosecutrix. Counsel further submits that on the basis of the aforesaid affidavit so furnished by the prosecutrix and her family members the impugned FIR may be quashed. 5. Per contra learned Public Prosecutor opposed the prayer and submitted that after thorough investigation in the instant matter, a prima facie case was found to be proved against the petitioner. Since he is absconding, hence, warrants under Section 37 of the Police Act were obtained against them and thereafter statements of the witnesses were recorded before the Court of Additional Chief Judicial Magistrate No.2, City, District Bharatpur. Thereafter, [2026:RJ-JP:16400] (3 of 3) [CRLMP-8141/2022] charge-sheet has been proposed against the petitioners under Section 299 Cr.P.C., as they are absconding. Hence, under these circumstances, interference of this Court is not warranted. 6. Perusal of the impugned FIR reveals commission of cognizable offence. Whether the incident/offence of rape has been caused by the petitioners upon the prosecutrix or not; this fact cannot be appreciated by this Court while exercising its inherent jurisdiction under Section 482 Cr.P.C. Certainly, this task has been assigned to the Investigating Officer who has already found prima facie case against the petitioners and proposed charge-sheet against them under Section 299 Cr.P.C. before the concerned court as the they are absconding since the date of the incident. 7. This Court is not inclined to entertain the instant petition, but deems it just and proper grant liberty to the petitioners take all the grounds which have been taken before this Court and all available defence at the appropriate stage of the trial before the Trial Court. 8. With the aforesaid observation and direction, the instant petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of. 9. The factual report dated 08.11.2022 furnished by SHO, Police Station Sikri, District Bharatpur is ordered to be retained on record. (ANOOP KUMAR DHAND),J Shivam/15