[2026:RJ-JP:13076] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6638/2018 1. Raj Narayan Kushwaha S/o Shri Arjun Prasad Kushwaha, Aged About 37 Years, R/o House No.115/149, Masvanpur, Kalyanpur, Police Station Kalyanpur, Kanpur City, UP. 2. Smt. Shanti Devi W/o Shri Arjun Prasad Kushwaha, Aged About 73 Years, R/o House No.115/149, Masvanpur, Kalyanpur, Police Station Kalyanpur, Kanpur City, UP. 3. Arjun Prasad Kushwaha S/o Late Shri Gayadeen, Aged About 76 Years, R/o House No.115/149, Masvanpur, Kalyanpur, Police Station Kalyanpur, Kanpur City, UP. ----Accused-Petitioners Versus 1. State of Rajasthan, Through PP. 2. Smt. Priyanka Kushwaha D/o Shri Jai Kishan Kushwaha, R/o 35-B, Ahirwa Village Harjindar Nagar, Kanpur City. ----Respondents For Petitioner(s) : Mr. Nishant Sharma, (Through VC) For Respondent(s) : Mr. Narendra Singh Dhakar, PP Mr. Kamal Kumar Mathur HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order 28/03/2026 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, [2026:RJ-JP:13076] (2 of 4) [CRLMP-6638/2018] 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, on priority and decide the same expeditiously without deferring the hearings to subsequent dates. 3. By way of filing the instant criminal misc. petition, a challenge has been led to the proceedings arising out of the Criminal Case No.805/2018 pending before the Court of the Judicial Magistrate, Bhiwadi, District Alwar by which cognizance has been taken against the petitioners under Sections 498A, 406 & 376/511 IPC. 4. Counsel submits that the aforesaid order has been passed by the learned Magistrate on the basis of the Final Report (Negative) submitted against the petitioners in FIR No.485/2016, registered with the Police Station Bhiwadi, District Alwar. Learned counsel submits that the complainant-respondent has lodged similar kind of FIRs against the petitioners on earlier occasion also i.e. FIR No. 278/2014 registered with the Police Station Chakeri, District Kanpur under Sections 147, 323 & 504 IPC and thereafter, FIR No. 46/2014 registered with the Police Station Mahila Thana, Kanpur City under Sections 498A, 323, 376 & 511 IPC and under Section 3/4 of the Dowry Prohibition Act, 1961. Counsel submits that the proceedings arising out of the aforesaid FIRs have been listed in the Allahabad High Court. Counsel further submits that apart from the above, one more complaint under Section 406 IPC has been filed by the complainant against the petitioners before the Court of the Chief Metropolitan Magistrate, Kanpur City bearing No. [2026:RJ-JP:13076] (3 of 4) [CRLMP-6638/2018] 1913/2015 and the same has also been challenged in the Allahabad High Court wherein the same has been stayed. 5. Counsel further submits that with regard to the same allegations and same incident, different complaints/FIRs have been registered against the petitioner in the State of Uttar Pradesh and in the State of Rajasthan as well. Hence, under these circumstances the proceedings arising out of the complaint No. 805/2018 pending before the Court of the Judicial Magistrate, Bhiwadi, District Alwar be quashed and set aside. 6. Per contra, learned Public Prosecutor opposes the prayer made in the petition. 7. Heard and considered the submissions made at the Bar and perused the material available on record. 8. Considered the arguments put forward by learned counsel for the petitioner and looking to the fact that the complainant has filed several complaints against the petitioners by way of lodging FIRs with different Police Stations and one complaint before the Court of the Chief Metropolitan Magistrate, Kanpur City. It has been alleged by counsel for the petitioner that the allegations levelled against the petitioners in all the above matters are identical. 9. This Court is not going to examine the extract of the allegations which have been levelled in all the four FIRs/complaints filed by the complainant against the petitioners. However, this Court deems it just and proper to dispose of the instant petition granting liberty to the petitioners to place these documents before the Court below at the time of framing of charges. It is expected from the concerned Court to look into each [2026:RJ-JP:13076] (4 of 4) [CRLMP-6638/2018] of the FIRs and the complaints and peruse the same on the issue whether the allegations are identical or not and thereafter, pass a reasoned and cogent order strictly in accordance with law. 10. With the aforesaid observation and direction, the instant misc. petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Shivam-Puneet/1