[2026:RJ-JP:11369] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.706/2019 Pravin Kumar Varma S/o Shri Mahaveer Prasad, Through Mahaveer Prasad S/o Late Shri Modulal, R/o Behind Match Factory, Vikas Colony, Dadwada Kota Junction Kota. ----Petitioner Versus 1. State Of Rajasthan, Through Pp. 2. Superintendent Of Police, District Kota City. 3. Station House Officer, Police Station Women Ps, Kota City. 4. Investigating Officer, Police Station Women Ps, Kota City. 5. Vandana D/o Jagdish Prasad W/o Shri Praveen, R/o Shivpura, Near Priyanka Restaurant, Rawatbhata Road, Kota, Raj. ----Respondents For Petitioner(s) : Mr. Manish Choudhary for Mr. Jitendra Jain For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Devi Singh, PP Mr. Sajid Ali JUSTICE ANOOP KUMAR DHAND Order 17/03/2026 1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned FIR No.105/2009 registered with Police Station Women PS, Kota City for the offences under Sections 406 & 498-A IPC. 2. The contents of the instant criminal misc. petition indicate that the petitioner has not committed any offence whatsoever and he has been falsely booked in the instant case for which charge- sheet has been submitted and cognizance has been taken against [2026:RJ-JP:11369] (2 of 3) [CRLMP-706/2019] him. Hence, under these circumstances, interference of this Court is warranted. The petitioner is residing in Australia, hence, he has instructed his father to file the instant petition in his interest and on his behalf. 3. Per contra, learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant opposed the arguments raised in the instant criminal misc. petition and submitted that the petitioner is residing in Australia and is absconding. Learned counsel submits that charge-sheet has been submitted against him under Section 299 Cr.P.C. before the competent Court of law where cognizance has been taken against him for the offences under Sections 498-A and 406 IPC and proceedings under Section 82 & 83 Cr.P.C. have also been initiated, but the Trial Court has not proceeded for want of presence of the petitioner. Learned counsel submits that a prima facie case is made out against the petitioner to proceed against him for the above stated offences, hence, interference of this Court is not warranted. 4. Heard and considered the submissions made at the Bar and perused the material available on the record. 5. Perusal of the contents of the impugned FIR and allegations levelled therein reveal commission of cognizable offence. After investigation, charge-sheet has already been submitted against the petitioner under Section 299 Cr.P.C. since he is absconding and thereafter, cognizance has also been taken against him for the above stated offences and proceedings under Sections 82 & 83 Cr.P.C. have also been initiated against him. [2026:RJ-JP:11369] (3 of 3) [CRLMP-706/2019] 6. This Court deems it just and proper to dispose of the instant criminal misc. petition granting liberty to the petitioner to take all available defence and grounds, which have been taken before this Court at the appropriate stage of the trial after surrendering before the Trial Court. 7. With the aforesaid observations, the instant criminal misc. petition, stay application as well as all pending applications, if any, stand disposed of. (ANOOP KUMAR DHAND),J Karan/39