DEVA MULANI W/O SHRI HARIKISHAN, v. STATE OF RAJASTHAN
CRLMP/3776/2021 · 2026-04-23
Anoop Kumar Dhand
body2026
DailyLaw.ai
[ 2026 DAILYLAW 2968 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 2968 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:17317] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.3776/2021 Deva Mulani W/o Shri Harikishan, Aged About 60 Years, Resident Of 4217, Mehta Marg, Soorajpol, Jaipur, Rajasthan. ----Petitioner Versus
1. State Of Rajasthan, Through P.p, Jaipur.
2. Director General Of Police, Rajasthan, Jaipur, Rajasthan.
3. S.H.O. (Station House Officer), Malviya Nagar Police Station, Jaipur, Rajasthan.
4. Gyanendra Prakash, Asi, Malviya Nagar Police Station, Jaipur, Rajasthan.
5. M/s Krishna Infra, Through Partner Sanjay Sharma S/o Krishna Kumar Sharma, Having Its Registered Address At 104, Fellacity Emrald, Swej Farm, New Sanganer Road, Jaipur. ----Respondents For Petitioner(s) : Mr. Alok Parashar for Mr. Abhimanyu Singh Yaduvanshi For Respondent(s) : Mr. Jitendra Singh Rathore, PP Mr. Gurvinder Singh JUSTICE ANOOP KUMAR DHAND
Order 23/04/2026
1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned FIR No.48/2019 registered with Police Station Malviya Nagar, District Jaipur City (East) for the offences under Sections 451, 420, 467, 468, 471 and 120-B IPC.
2.
Learned counsel for the petitioner submits that the dispute pertains to civil in nature, but in order to put pressure upon the petitioner, color of criminal case has been given by lodging the
[2026:RJ-JP:17317] (2 of 2) [CRLMP-3776/2021] instant FIR with false and fabricated allegations, hence, interference of this Court is warranted.
3. Per contra, learned Public Prosecutor opposes the prayer and submits that after thorough investigation in the matter, charge- sheet has been submitted against the petitioner along with co- accused persons before the concerned Court for the above stated offences by finding a prima facie case against them, hence, interference of this Court is not warranted.
4. Heard and considered the submissions made at Bar and perused the material available on record.
5. Perusal of the allegations levelled in the impugned FIR reveals commission of cognizable offence. The correctness of the allegations cannot be examined or adjudged 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 investigated the matter and has found prima facie case against the petitioner and submitted charge-sheet against the petitioner.
6. Considering the above facts and circumstances of the case, this Court deems it just and proper to dispose of the instant misc. petition granting liberty to the petitioner to take all the grounds and all available defences which have been taken before this Court, at the appropriate stage of the trial before the Trial Court.
7. With the aforesaid observations, the instant criminal misc. petition stands disposed of. Stay application as well as all pending applications, if any, stand disposed of.
(ANOOP KUMAR DHAND),J KuD/5