SONU S/O SHRI JAGMOHAN B/C JATAV v. STATE OF RAJASTHAN
CRLMP/6463/2019 · 2026-04-13
Anoop Kumar Dhand
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 3409 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3409 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:15284] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6463/2019 Sonu S/o Shri Jagmohan, Aged About 24 Years, R/o Village Suroth Tahsil Hindon City District Karauli, Raj. ----Petitioner Versus
1. State Of Rajasthan, Through PP.
2. Mamata Devi W/o Khemchand, Aged About 27 Years, R/o Village Meharawar, PS Kumher District Bharatpur, At Present R/o Near Ganda Nala Sanganer, Jaipur, Raj. ----Respondents For Petitioner(s) : Mr. Abdul Kalam Khan For Respondent(s) : Mr. Jitendra Singh Rathore, PP Ms. Neha Goyal JUSTICE ANOOP KUMAR DHAND
Order 13/04/2026
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.
2. Directions have been issued to this Court and other High Courts to take up such like matters which are pending since long,
[2026:RJ-JP:15284] (2 of 3) [CRLMP-6463/2019] 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 made to the impugned FIR No. 1089/2019, registered with Police Station Sanganer, District Jaipur City (East) for the offence punishable under Section 376 IPC.
4.
Learned counsel for the petitioner submits that the petitioner has not committed any offence whatsoever and he has been falsely booked in the instant case. Hence, interference of this Court is warranted.
5. Per contra, learned Public Prosecutor opposed the prayer and submitted that as per the statements of the prosecutrix, rape has been committed upon her by the petitioner and after investigation, charge-sheet No. 431/19, dated 30.09.2019, has been submitted against the petitioner under Section 376 IPC before the concerned Court. Hence, under these circumstances, interference of this Court is not warranted and the instant petition is liable to be rejected.
6. Heard and considered the submissions made at the Bar and perused the material available on record.
7. Perusal of the FIR and the allegations contained therein reveals commission of a cognizable offence. The correctness of the allegations cannot be adjudicated by this Court at this stage, while exercising its powers contained under Section 482 Cr.P.C. Certainly, this task has been assigned to the Investigating Officer, who has already investigated the matter and found prima facie role of the petitioner in the above instant matter and accordingly
[2026:RJ-JP:15284] (3 of 3) [CRLMP-6463/2019] submitted the aforementioned charge-sheet against him in the concerned Court.
8. Considering the overall facts and circumstances of the case, this Court deems it just and proper to dispose of the instant petition, granting liberty to the petitioner to take all available grounds/defences, as raised before this Court, at the appropriate stage of the trial before the Trial Court.
9. 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.
10. Copy of factual report dated 12.04.2026 furnished by SHO, Police Station Sanganer, District Jaipur (East) is ordered to be retained on record.
(ANOOP KUMAR DHAND),J Shivam-Puneet/4