[2026:RJ-JP:22264] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 11008/2022 Parvej Khan S/o Shri Abdul Sharif Khan, aged about 23 Years, R/o 1/492, Housingh Board, Sawai Madhopur Rajasthan. ----Petitioner Versus 1. State of Rajasthan, Through The Public Prosecutor. 2. Shri Vinay Kumar Sharma S/o Shri Murari Lal Sharma, R/o Housing Board, PS Kothwali, Sawai Madhopur (Rajasthan). ----Respondents Connected With S.B. Criminal Miscellaneous (Petition) No. 1955/2023 Abdul Sharif Khan S/o Abdul Hakim, aged about 59 Years, R/o 1/492, Housing Board, Sawai Madhopur (Rajasthan). ----Petitioner Versus 1. State of Rajasthan, Through The Public Prosecutor. 2. Shri Vinay Kumar Sharma S/o Shri Murari Lal Sharma, R/o 1/107, Housing Board, Ps Kothwali, Sawai Madhopur, Rajasthan. 3. A, R/o ----Respondents For Petitioner(s) : None For Respondent(s) : Mr. Jitendra Singh Rathore-PP Mr. Gaurav Gupta-Asstt.G.A Mr. Neeraj Joshi JUSTICE ANOOP KUMAR DHAND Order 26/05/2026 1. A common prayer has been made in both the instant criminal misc. petitions submitted by the petitioners- Parvej Khan and [2026:RJ-JP:22264] (2 of 3) [CRLMP-11008/2022] Abdul Sharif Khan, for quashing of impugned FIR No. 119/2022, registered with Police Station Mahila Thana, District Sawai Madhopur for the offences punishable under Sections 376(3), 363, 366, 506 and 354D IPC and Sections 5, 6, 11 and 12 of the POCSO Act. 2. At the outset, learned Public Prosecutor as well as counsel for the complainant submit that after thorough investigation in these matters, involvement of the petitioner- Abdul Sharif Khan was not found to be proved, hence, no charge-sheet has been submitted against him. Hence, under these circumstances, the S.B. Criminal Misc. Petition No. 1955/2023 filed by the petitioner- Abdul Sharif Khan has become infructuous. 3. They further submit that during the pendency of S.B. Criminal Misc. Petition No. 11008/2022 filed by the petitioner- Pravej Khan, charges have been framed against him for the offences under Sections 363, 366, 376(3) and 354 B IPC and Section 5/6 of the POCSO Act by the Court of Special Judge, (POCSO Act), Sawai Madhopur vide order dated 01.04.2024. They submit that the petitioner-Parvej Khan has assailed the aforesaid order of framing charge by way of filing a separate revision petition i.e. S.B. Criminal Revision Petition No. 629/2024 and the same is lying pending before the Court having roster of criminal revision petition. They further submit that statements of the prosecutrix and her father have been recorded before the Trial Court, hence under the changed circumstances, the S.B. Criminal Misc. Petition No. 11008/2022 filed by the petitioner- Parvej Khan has also become infructuous. [2026:RJ-JP:22264] (3 of 3) [CRLMP-11008/2022] 4. Heard and considered the submissions made at Bar and perused the material available on record. 5. This Court has perused the order dated 01.04.2024, passed by the Court of Special Judge (POCSO Act) Sawai Madhopur in Sessions Case No. 06/2024 which indicates that charges have been framed against the petitioner- Pravej Khan and he has availed a separate remedy, assailing the order of framing of charge by way of filing a revision petition. Hence, under these circumstances, the petitioner cannot be allowed to avail two parallel remedies for redressal of his common grievance; one by way of filing a criminal revision petition against the order of framing of charge and another by way of filing the instant criminal misc. petition under Section 482 Cr.P.C. with a prayer for quashing the impugned FIR. Once the petitioner has availed other remedy of filing revision petition under section 397 Cr.P.C., assailing the validity of charges, then the instant petition has become infructuous and the petition submitted by the petitioner-Abdul Sharif Khan has already been rendered infructuous since no charge-sheet has been submitted against him. 6. Accordingly, both criminal misc. petitions stand dismissed as having become infructuous. Stay application and all pending application(s), if any, also stand dismissed. (ANOOP KUMAR DHAND),J Ashu/7-8