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2026 DAILYLAW 957 (RAJ)

MOHANLAL GURJAR SON OF SHRI RAMDHAN, v. STATE OF RAJASTHAN

CRLMP/361/2026 · 2026-03-10

Anil Kumar Upman

body2026

Judgment text

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[2026:RJ-JP:10239] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 361/2026 Mohanlal Gurjar Son Of Shri Ramdhan, Resident Of Garh Ka Kuan, Geejgarh, Tehsil Sikrai, District Dausa (Rajasthan) ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Superintendent Of Police, Dausa, District Dausa. 3. S.h.o. Police Station Sikandara, District Dausa. 4. Shri Devendra Samariya, Medical Jurist, Geejgarh Community Health Centre, Geejgarh, District Dausa, Rajasthan. 5. Ramjilal Gurjar Son Of Mulchand, Resident Of Gad Ka Kua, Geejgarh, Sikandara, District Dausa. ----Respondents For Petitioner(s) : Mr. Ram Ratan Gurjar For Respondent(s) : Ms. Arti Sharma, PP with Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 10/03/2026 1. Instant Criminal Misc. Petition has been filed under Section 528 of BNSS on behalf of the petitioner for quashing of FIR No.506/2025 registered at Police Station Sikandara, District Dausa for offences punishable under Sections 189(2), 115(2) & 126(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. 2. Learned Counsel for the petitioner contends that the impugned FIR has been lodged only with an intention to make out the counter case as cross FIR was also lodged earlier by the [2026:RJ-JP:10239] (2 of 2) [CRLMP-361/2026] petitioner. It is further contended that perusal of the FIR shows that no criminal offence has been made out against the petitioner. 3. I have considered the submissions advanced by learned counsel for the petitioner and perused the FIR. 4. Perusal of the FIR would reveal that contents of FIR discloses commission of cognizable offences against the petitioner and in the alleged incident, family members of complainant sustained injuries. Thus, the case of the present petitioner is not covered by the guidelines prescribed by Hon’ble Supreme Court in the case of State of Haryana & Ors. versus Choudhary Bhajan Lal & Ors. reported in AIR 1992 SC 604. 5. In the facts and circumstances of the case, the allegations levelled by the complainant in the FIR are required to be investigated by the Investigation Agency. Thus, this Court does not find a good ground to quash the FIR. 6. Accordingly, this Criminal Misc. Petition stands dismissed. 7. The stay application and pending application(s), if any, also stand dismissed. (ANIL KUMAR UPMAN),J CHARU SONI /52