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2026 DAILYLAW 6675 (RAJ)

RAKESH S/O SH. MOMRAJ v. STATE OF RAJASTHAN

CRLMP/4054/2020 · 2026-04-08

Anoop Kumar Dhand

body2026

Judgment text

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[2026:RJ-JP:14525] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4054/2020 Rakesh S/o Sh. Momraj, Aged About 21 Years, R/o H.no. 313, Ghasi Ka Pura, Tighariya, Teh. Todabheem, Distt. Karauli, Raj. ----Petitioner Versus 1. State Of Rajasthan, Through Pp 2. Victim W/o Rajesh Gurjar, Aged About 36 Years, R/o ----Respondents For Petitioner(s) : None For Respondent(s) : Mr. Jitendra Singh Rathore-PP with Ms. Neha Goyal JUSTICE ANOOP KUMAR DHAND Order 08/04/2026 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, on priority and decide the same expeditiously without deferring the hearings to subsequent dates. [2026:RJ-JP:14525] (2 of 3) [CRLMP-4054/2020] 3. By way of filing the instant misc. petition, a prayer has been made to quash the impugned FIR No. 111/2020, registered with the Police Station Balghat, District Karauli for the offence punishable under Section 376D IPC. 4. None present on behalf of the petitioner. 5. Looking to the fact that an interim order is operating in the instant petition since 2020 and the present matter also pertains to an incident that occurred in the year 2020, under these circumstances, this Court deems it just and proper to look into the contents and the grounds averred in the instant petition and decide the same. 6. Perusal of the contents and grounds averred in the instant petition reveal that no offence has been committed by the petitioner. In fact, the complainant was residing with the petitioner in a live-in-relationship and an agreement in this regard was also executed between them. Hence, under these circumstances, a prayer has been made for quashing the impugned FIR. 7. Per contra, learned Public Prosecutor opposes the prayer made in the petition and submits that as per the factual report submitted by the Deputy Superintendent of Police, Circle Todabhim, District Karauli, the offences under Sections 366 and 376D IPC are found to be proved against the petitioner and co- acucsed, hence, interference of this Court is not warranted. 8. Bare reading of the allegations mentioned in the FIR reveal the commission of a cognizable offence and the correctness of the allegations cannot be adjudged by this Court while exercising its jurisdiction contained under Section 482 Cr.P.C. Certainly, this task has been assigned to the Investigating Agency, who has [2026:RJ-JP:14525] (3 of 3) [CRLMP-4054/2020] thoroughly investigated the matter and found prima facie involvement of the petitioner in the alleged incident. 9. This Court deems it just and proper to dispose of the instant petition granting liberty to the petitioner to take all available grounds which have been taken before this Court and the available defence at the appropriate stage of trial before the Trial Court. 10. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/1