[2026:RJ-JP:16131] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7637/2022 Vishnu Kumar Garg Son of Shri Ramswaroop, Aged About 51 Years, Resident Of Madhuwan Vihar Colony, Bayana, District Bharatpur (Raj). ----Petitioner Versus 1. State of Rajasthan, through Public Prosecutor. 2. Victim W/o Maimichand, R/o Koli Mohalla, Soorajpole, Gopalgarh, Bharatpur (Raj.) ----Respondents For Petitioner(s) : Mr. Lakhan Sharma for Mr. Prahlad Sharma For Respondent(s) : Mr. Jitendra Singh Rathore, PP with Ms. Neha Goyal JUSTICE ANOOP KUMAR DHAND Order 17/04/2026 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:16131] (2 of 3) [CRLMP-7637/2022] on priority and decide the same expeditiously without deferring the hearings to subsequent dates. 3. By way of filing the instant petition, a challenge has been led to the impugned FIR No. 837/2021, registered with Police Station Bayana, District Bharatpur for the offences punishable under Sections 376D & 506 IPC and Sections 3(1)(w), 3(2)(v) & 3(2) (va) of SC/ST (Prevention of Atrocities) Act, 1989. 4. Learned counsel appearing on behalf of the petitioner has pleaded no instructions on behalf of the petitioner and submitted that the petitioner has taken back the file on 19.12.2022. 5. At the outset, learned Public Prosecutor apprised this Court that the petitioner is absconding since the date of incident, hence, warrants under Section 37 of the Police Act were obtained by the Investigating Officer from the concerned court on 09.05.2022 and thereafter, several efforts were made to trace him out but he is not traceable. Hence, under these circumstances, the evidence of the witnesses were recorded on 06.06.2022 before the Concerned Court and charge-sheet has already been submitted against him under Section 299 Cr.P.C. 6. Heard and considered the submissions made at the Bar and perused the material available on record. 7. As per the contents and grounds taken in the instant petition, it has been averred that the petitioner has not committed any offence, rather he has been falsely booked in the instant case by the prosecutrix by concocting a false story. This Court at this stage cannot appreciate the correctness of the allegations made against the petitioner by the prosecutrix and other witnesses. Certainly, this task has been assigned to the Investigating Officer, [2026:RJ-JP:16131] (3 of 3) [CRLMP-7637/2022] who has already investigated the matter from all four corners and found prima facie case against the petitioner for the above stated offences. Furthermore, the petitioner is absconding since the date of incident and in spite of several efforts made by the Investigating Agency, he is not traceable therefore, charge-sheet has been submitted against him under Section 299 Cr.P.C. 8. Considering the overall facts and circumstances, this Court is not inclined to accept the instant petition and the instant petition is liable to be and is hereby rejected. 9. Stay application and all pending application(s), if any, also stand disposed of. 10. The factual report dated 30.10.2022 furnished by the SHO, Police Station Bayana, District Bharatpur is ordered to be retained on record. (ANOOP KUMAR DHAND),J Shivam/13