[2026:RJ-JP:17833] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1678/2021 1. Mahendra Gurjar S/o Sh. Prem Singh Gurjar, R/o Bhogpur Shahpur, Police Station Mahua District Dausa (Raj). 2. Jeetram S/o Sh. Prem Singh Gurjar, R/o Bhogpur Shahpur, Police Station Mahua District Dausa (Raj). ----Petitioners Versus 1. State of Rajasthan, Through P.P. 2. Victim W/o Sh. Attar Singh, R/o Bhodpur Shahpur, P.S. Mahua District Dausa, Raj. ----Respondents For Petitioner(s) : Mr. Junaid Khan for Mr. Asgar Khan For Respondent(s) : Mr. Shree Ram Dhakar, PP JUSTICE ANOOP KUMAR DHAND Order 28/04/2026 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:17833] (2 of 3) [CRLMP-1678/2021] 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. 267/2019, registered with Police Station Mahua, District Dausa for the offences punishable under Sections 323, 376 IPC and 3(1)(s) & 3(1)(v) of SC/ ST (Prevention of Atrocities) Act, 1989, and the order dated 06.09.2019, passed by the learned Special Judge SC/ST (Prevention of Atrocities) Cases, Dausa in Sessions Case No. 43/2019, by which cognizance has been taken against the petitioner No.1 under Section 376 IPC and under Section 3(1)(s) and 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, 1989 and against petitioner No.2 under Section 3(1)(n) & 3(1)(s) of the SC/ST (Prevention of Atrocities) Act, 1989. 4. Learned counsel for the petitioners submits that infact no such incident, as alleged, has occurred with the prosecutrix and the petitioners have been falsely booked in the instant case with an ulterior motive. Hence, under these circumstances, interference of this Court is warranted. 5. Per contra learned Public Prosecutor opposes the prayer and submits that after finding a prima facie case against the petitioners, they were charge-sheeted for the abovestated offences before the Concerned Court and accordingly, cognizance has also been taken against them. Hence, under these circumstances, interference of this Court is not warranted and the instant petition is liable to be rejected. [2026:RJ-JP:17833] (3 of 3) [CRLMP-1678/2021] 6. Heard and considered the submissions made at the Bar and perused the material available on record. 7. Perusal of the contents of the impugned FIR and the allegations levelled therein reveals commission of a cognizable offence and the correctness of the same cannot be examined/adjudicated by this Court while exercising its inherent jurisdiction contained under Section 482 Cr.P.C. Certainly, this task has been assigned to the Investigating Officer who has already investigated the matter from all four corners and found prima facie case against the petitioners for the above stated offences and accordingly, charge-sheet has been submitted against them. Thereafter, the trial has already proceeded against the petitioners. Hence, under these circumstances, this Court deems it just and proper to dispose of the instant petition, while granting liberty to the petitioners to take all available defences at the appropriate stage of the trial, before the Trial Court. 8. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Shivam/3