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2026 DAILYLAW 8398 (RAJ)

LOKESH SON OF SHRI RAGHUNATH, v. STATE OF RAJASTHAN

CRLMP/4092/2022 · 2026-05-20

Anoop Kumar Dhand

Transfer Petitionbody2026

Judgment text

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[2026:RJ-JP:21180] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4092/2022 Lokesh Son Of Shri Raghunath, Resident Of Babajiyo Ki Gali, Village Jarla, P.s Lakheri, District Bundi (Raj). At Present R/o Sakatpura, Kunhadi, Kota City (Raj). ----Petitioner Versus 1. State Of Rajasthan, Through P.P. 2. Victim ----Respondents For Petitioner(s) : Mr. Anmol Dhakar For Respondent(s) : Mr. Jitendra Singh Rathore, PP with Mr. Gaurav Gupta, Asstt.GA and Mr. Sapan Soni JUSTICE ANOOP KUMAR DHAND Order 20/05/2026 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:21180] (2 of 3) [CRLMP-4092/2022] on priority and decide the same expeditiously without deferring the hearings to subsequent dates. 3. By way of filing the instant criminal misc. petition, a prayer has been made to quash the impugned FIR No.51/2022, registered with Police Station Kunhadi, District Kota City for the offence punishable under Section 376(2)(n) IPC. 4. A request has been made to defer the matter for some other day. Similar request has been made on every occasion whenever the matter has been listed before this Court. Even on last occasion also, this Court posted the matter for today with the specific order that no further request for adjournment would be entertained on the next date. But today again same request has been made. 5. The instant petition is lying pending before this Court since 2022. More than four years have passed thereafter. Looking to the aforesaid situation, this Court deems it just and proper to look into the contents of the instant petition and the grounds taken therein. 6. It has been averred in the petition that a false FIR has been lodged against the petitioner. In fact, the petitioner has not committed any offence and there is no evidence against him to prosecute. Hence, a prayer has been made to quash the proceedings of impugned FIR. 7. Per contra, learned Public Prosecutor opposes the prayer and submits that after thorough investigation in the present matter, charge-sheet has already been submitted against the petitioner for the above stated offences way back in the year 2022 and the trial is in process. Therefore, interference of this Court is not warranted. [2026:RJ-JP:21180] (3 of 3) [CRLMP-4092/2022] 8. Heard and considered the submissions made at Bar and perused the material available on record. 9. Perusal of the allegations levelled in the impugned FIR reveals commission of cognizable offence. The correctness of the allegations cannot be examined or adjudged by this Court while exercising its inherent jurisdiction under Section 482 Cr.P.C. This Court cannot conduct fishing and roving inquiry to find out the truth behind the allegations levelled against the petitioner. Certainly, this task has been assigned to the Investigating Officer, who has investigated the matter and has found prima facie case against the petitioner and submitted charge-sheet against him way back in the year 2022 and thereafter, the trial has proceeded and reached its fag end. 10. Considering the above facts and circumstances of the case, this Court deems it just and proper to dispose of the instant misc. petition, granting liberty to the petitioner to take all available defence, at the appropriate stage of the trial before the Trial Court. 11. With the aforesaid observations, the instant criminal misc. petition stands disposed of. The stay application as well as all pending applications, if any, stand disposed of. (ANOOP KUMAR DHAND),J KuD/1