[2026:RJ-JP:12723] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7288/2022 1. Vishnu S/o Dashrath Gurjar, R/o Shyashan Ka Pura, Gur- jar Patti, Salempur, Police Station Salempur, District Dausa. 2. Dashrath S/o Ghamandi Gurjar, R/o Shyashan Ka Pura, Gurjar Patti, Salempur, Police Station Salempur, District Dausa. 3. Smt. Keshpati W/o Dashrath, R/o Shyashan Ka Pura, Gur- jar Patti, Salempur, Police Station Salempur, District Dausa. 4. Vivek S/o Dashrath, R/o Shyashan Ka Pura, Gurjar Patti, Salempur, Police Station Salempur, District Dausa. 5. Meena D/o Dashrath, R/o Shyashan Ka Pura, Gurjar Patti, Salempur, Police Station Salempur, District Dausa. 6. Virendra S/o Antar Singh, R/o Shyashan Ka Pura, Gurjar Patti, Salempur, Police Station Salempur, District Dausa. 7. Rajesh S/o Antar Singh, R/o Shyashan Ka Pura, Gurjar Patti, Salempur, Police Station Salempur, District Dausa. 8. Virma W/o Mardan Gurjar, R/o Shyashan Ka Pura, Gurjar Patti, Salempur, Police Station Salempur, District Dausa. ----Accused/Petitioners Versus 1. State Of Rajasthan, Through P.P. 2. Premsingh S/o Shri Mohan Lal, Bandh Ka Nangla Tan Huk- mikheda, Police Station Suroth, District Karauli. ----Respondents For Petitioner(s) : Mr. Umesh Vyas For Respondent(s) : Mr. Amit Kumar Gupta JUSTICE ANOOP KUMAR DHAND Order 25/03/2026 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 [2026:RJ-JP:12723] (2 of 4) [CRLMP-7288/2022] (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. Taking serious note of the aforesaid factual aspect of the matter, directions have been issued to this Court and other High Courts to take up such like matters on priority and decide the same expeditiously without deferring the hearings to subsequent dates. 3. By way of filing the instant criminal miscellaneous petition, a challenge has been led to the impugned FIR No. 139/2022 registered at the Police Station Salempur, District Dausa, for the offence(s) punishable under Section(s) 498-A, 406 & 304-B of IPC. 4. Learned counsel for the petitioners submits that the deceased had committed suicide on 08.07.2022 and on the very same day, her father, i.e. the complainant-respondent submitted an application to the S.H.O, Police Station Salempur, District Dausa, wherein, he has stated that the deceased was mentally ill, and therefore, she had committed suicide. It was also stated that there was no need for conducting post-mortem on the body of the deceased. Further, no allegations have been levelled against the petitioners in the aforesaid application and no suspicion has been raised about involvement of any of the family members of the petitioners. Counsel submits that at a later stage, i.e. after twenty [2026:RJ-JP:12723] (3 of 4) [CRLMP-7288/2022] two days, the impugned FIR has been registered by the complainant-respondent on 01.08.2022, wherein, false and vague allegations have been levelled against the petitioners. Hence, interference of this Court is warranted. 5. Per contra, learned Public Prosecutor opposes the prayer made by the petitioners and submits that according to the factual report dated 22.01.2023, submitted by the SHO, P.S. Salempur, District Dausa, after carrying out a thorough investigation in the matter, the role of the petitioner No. 1-Vishnu was found to be prima facie proved for the offence under Sections 498-A, 406 & 304-B of IPC and accordingly, charge-sheet has been submitted before the concerned Court on 21.12.2022. He further submitted that involvement of the rest of the accused persons was not found to be proved, hence, no charge-sheet has been submitted in this matter against them. Counsel further submits that 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 record as well as the aforementioned factual report along with the impugned FIR reveals commission of a cognizable offence. The correctness of the allegations levelled in the FIR cannot be examined by this Court, at this stage, while exercising its inherent jurisdiction under Section 482 Cr.P.C. and certainly, this task has been assigned to the Investigating Agency who has already concluded the investigation and submitted the outcome of the same before the concerned Court. [2026:RJ-JP:12723] (4 of 4) [CRLMP-7288/2022] 8. This Court deems it just and proper to dispose of the instant criminal misc. petition by granting liberty to the petitioners to take all available grounds and defence, which have been taken in the instant misc. petition before the Trial Court, at the appropriate stage of trial. 9. 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/18