[2026:RJ-JP:13085] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4265/2023 1. Rajendra Saini Son Of Shri Mawasi Ram Saini, Aged About 28 Years, At Present Working As Station Master, Rewari Junction (Haryana). 2. Pawan Son Of Shri Bhom Singh, Aged About 28 Years, At Present Working As Nursing Incharge, Safdarganj Hospi- tal, Delhi. 3. Varsha Saini D/o Shri Mohan Saini, Aged About 20 Years, Resident Of Village And Post Nauganwa, Tehsil Ramgarh, District Alwar, Raj. 4. Harish Saini Son Of Shri Bijendra Saini, Aged About 22 Years, Resident Of House No. 258, Second Floor, Block A, Jahangir Puri, N.S. Mandi, North West Delhi. 5. Naveen Saini Son Of Shri Nemichand Saini, Aged About 30 Years, Resident Of 258, Second Floor, Block A, Ja- hangir Puri, N.S. Mandi, North West Delhi. 6. Nemi Chand Saini Son Of Shri Ghisa Ram Saini, Aged About 56 Years, Resident Of 246, Second Floor, Block A, Jahangir Puri, N.S. Mandi, North West Delhi. 7. Chaju Ram Son Of Shri Harsahay Ram Saini, Aged About 42 Years, Resident Of Village And Post Nauganwa,tehsil Ramgarh, District Alwar (Raj). ----Accused-Petitioners Versus 1. State Of Rajasthan, Through P.P. 2. Pyarelal Son Of Shri Chhotaram Saini, Aged About 56 Years, Resident Of Near Gurudwara, Naugava, Police Sta- tion Naugava, District Alwar (Raj). ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. Narendra Singh Dhakar, PP Mr. Dharmendra Kumar, with Mr. Tanay Choudhary on behalf of Mr. Kapil Gupta. [2026:RJ-JP:13085] (2 of 4) [CRLMP-4265/2023] 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, 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 miscellaneous petition, a challenge has been led to the impugned FIR No. 262/2023 registered at the Police Station Naugava, District Alwar, for the offence(s) punishable under Section(s) 147, 148, 149, 447, 341, 323, 307 & 302 IPC. 4. At the very outset, learned Public Prosecutor apprised this Court that except petitioner No. 5-Naveen Saini, the case was found to be proved against the rest of the petitioners, hence, the instant petition becomes infructuous qua the petitioner Nos.1 to 4. [2026:RJ-JP:13085] (3 of 4) [CRLMP-4265/2023] 5. No one has put in appearance on behalf of the petitioner No.5 and looking to the fact that the instant petition is lying pending before this Court for last 3 years and whenever the case is listed before this Court, further time has been sought. Further, it has been averred in the petition that the petitioners have been falsely booked in the instant case and there is no evidence on record which connects the petitioner with the alleged offence and even the ingredients pertaining to the alleged offences, are not present on the record so as to show the involvement of the petitioners involvement out against them. 6. After thorough investigation in the instant matter, the police has not found involvement of some of the accused persons but found involvement of the others i.e. petitioner No. 5. Hence, under these circumstances, this Court deems it just and proper to dispose of the instant misc. petition, granting liberty to the petitioner No. 5 against whom the police has found prima facie case to submit charge-sheet against him. He can take all the available defence/grounds which have been taken by him before the Trial Court at the appropriate stage of the trial. 7. This Court has gone through the case diary as well as the factual report and the documents available on record. The allegations levelled in the FIR reveal commission of cognizable offence against the petitioner No. 5. The correctness of the allegations cannot be examined by this Court at the initial stage, while exercising jurisdiction contained under Section 482 Cr.P.C., as certainly this task has been assigned to the Investigating Agency. [2026:RJ-JP:13085] (4 of 4) [CRLMP-4265/2023] 8. With the aforesaid observation and direction, the instant misc. petition qua the petitioner Nos. 1 to 4 stands dismissed as having become infructuous and stands disposed of qua the petitioner No. 5. Stay application and all pending application(s), if any, also stand disposed of. 9. The factual report furnished by the concerned SHO of the police station is ordered to be retained on record. (ANOOP KUMAR DHAND),J Puneet-Shivam/8