PRAKASH MEENA S/O SHRI HARJI MEENA v. STATE OF RAJASTHAN
CRLMP/515/2021 · 2026-04-16
Anoop Kumar Dhand
Transfer Petitionbody2026
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[ 2026 DAILYLAW 4591 (RAJ) · dailylaw.ai ]
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[ 2026 DAILYLAW 4591 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:15885] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 515/2021 Prakash Meena S/o Shri Harji Meena, Aged About 36 Years, R/o Ulupura, Post Kamaalpura, Police Station Bhusawar, Tehsil Bhusawar, Distt. Bharatpur Raj. At Present Residing At 1/318, Vikrant Khand-I, Gomti Nagar, Lucknow-226010, U.P. ----Accused-Petitioner Versus
1. State Of Rajasthan, Through P.P.
2. Victim ----Respondents For Petitioner(s) : Mr. S. Gaharana For Respondent(s) : Mr. Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND
Order 16/04/2026
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:15885] (2 of 3) [CRLMP-515/2021] on priority and decide the same expeditiously without deferring the hearings to subsequent dates.
3. By way of filing the instant petition, a prayer has been made for quashing of the impugned FIR No. 18/2021, registered with Police Station Ashok Nagar, District Jaipur City (South) for the offences punishable under Sections 376 & 384 IPC and the entire proceedings arising out of the same.
4.
Learned counsel for the petitioner submits that the prosecutrix is a major lady aged 32 years. She, on her own volition, developed a relationship with the petitioner and visited at several places with him. Several gifts were also exchanged between them and huge amount was even transferred into the bank account of the prosecutrix by the petitioner. Counsel further submits that allegations have been levelled by the prosecutrix against her brother-in-law along with the petitioner whereas the petitioner has been falsely booked in the instant case. Since the instant matter is a case of consent, hence, interference of this Court is warranted.
5. Per contra, learned Public Prosecutor opposed the prayer and submitted that prima facie case was found against the petitioner for the above stated offences by the Investigating Agency after investigation and accordingly, charge-sheet has already been submitted against him way-back in the year 2021. 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.
[2026:RJ-JP:15885] (3 of 3) [CRLMP-515/2021]
7. Perusal of the impugned FIR and the allegations levelled therein reveals commission of cognizable offence and the correctness of the allegations cannot be examined/adjudicated by this Court at this stage while exercising its powers contained under Section 482 Cr.P.C. The petitioner is at liberty to take all available grounds and defence which have been taken before this Court 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.
(ANOOP KUMAR DHAND),J PUNEET KUMAR /3