[2026:RJ-JP:18706] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.5287/2021 1. Kailash Chand S/o Shri Deepa Ram, Resident Of Village Audhpur Tehsil Raini And District Alwar. 2. Smt. Vimla Devi W/o Shri Bhagwansahay, Resident Of Village Audhpur Tehsil Raini And District Alwar. ----Petitioners Versus 1. State Of Rajasthan through PP 2. Victim ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND Order 02/05/2026 1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned FIR No.248/2021 registered with Police Station Rajgarh, District Alwar for the offences punishable under Sections 376(2)(n), 306, 323, 341, 120B and 506 IPC. 2. As per the averments made in the instant criminal misc. petition, the petitioner has been falsely booked in the instant case with an ulterior motive and he has no concern whatsoever with the alleged offence, hence, the prayer has been made to quash the impugned FIR. 3. Per contra, learned Public Prosecutor opposed the prayer made in the instant criminal misc. petition. [2026:RJ-JP:18706] (2 of 2) [CRLMP-5287/2021] 4. Heard and considered the submissions made at the Bar and perused the material available on record. 5. Perusal of the allegations levelled in the impugned FIR reveals commission of cognizable offence. The correctness of the allegations cannot be examined by this Court while exercising inherent powers contained under Section 482 Cr.P.C. This Court cannot conduct roving and fishing enquiry to find out the truth behind the allegations levelled against the petitioners. Certainly, this task has been assigned to the Investigating Officer. 6. Considering the over all facts and circumstances of the case, this Court deems it just and proper to dispose of the instant petition, granting liberty to the petitioners to file an appropriate representation. It is expected from the Investigating Officer to consider the same and submit the conclusion report of investigation under Section 173 Cr.P.C. before the Competent Court strictly in accordance with law. 7. This order has its effect only if the investigation is still lying pending and in case, charge-sheet has already been submitted against the petitioners then they would be at liberty to take all these grounds and the defence before the Trial Court at the appropriate stage of trial. 8. Accordingly, the instant criminal misc. petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J Karan/1