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2026 DAILYLAW 9832 (RAJ)

SMT. MOHAR KAUR W/O SHRI DHARAM SINGH v. STATE OF RAJASTHAN

CRLMP/4068/2024 · 2026-07-13

Anoop Kumar Dhand

body2026

Judgment text

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[2026:RJ-JP:26200] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4068/2024 URN: CRLMP / 8305U / 2024 Smt. Mohar Kaur W/o Shri Dharam Singh, R/o Peelwa, P.S. Balghat, District Karauli, Rajasthan. ----Accused-Petitioner Versus 1. State of Rajasthan, through P.P. ----Respondent 2. Smt. Kesula W/o Bail Singh Gurjar, R/o Peelwa, P.S. Balghat, District Karauli, Rajasthan. ----Complainant-Respondents For Petitioner(s) : Mr.R.R. Baisla For Respondent(s) : Mr.Manvendra Singh Shekhawat, PP JUSTICE ANOOP KUMAR DHAND Order 13/07/2026 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:26200] (2 of 3) [CRLMP-4068/2024] 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 F.I.R. No.154/2011, registered at the Police Station Balghat, District Karauli for the offences punishable under Sections 147, 148, 149, 323, 341 & 302 IPC. 4. It has been averred in the instant petition that after investigation in the impugned F.I.R., charge-sheet was submitted against the co-accused Rekh Singh, Udai Singh, Ramveer, Dharam Singh & Bhagwan Singh for the offences punishable under Sections 302/149, 307, 326/149, 324/149, 148, 323 & 341 IPC. It has also been averred in the instant petition that all the above accused persons were found guilty by the Court of the Additional District & Sessions Judge No.2, Hindaun City, District Karauli and they were sentenced to undergo life imprisonment. 5. It has been further averred in the instant petition that feeling aggrieved by the aforesaid, all the co-accused persons approached this Court by way of filing two different appeals, i.e., D.B. Criminal Appeal Nos.211/2021 & 212/2021 and both the appeals were allowed by the Division Bench of this Court vide judgment dated 19.07.2023 and all the aforesaid accused persons have been acquitted of all the charges. Hence, a prayer has been made to quash the entire proceedings arising out of the impugned F.I.R. qua the petitioner as well. 6. Per contra, learned Public Prosecutor opposed the prayer made by learned counsel for the petitioner. [2026:RJ-JP:26200] (3 of 3) [CRLMP-4068/2024] 7. Heard and considered the submissions made at the Bar and perused the material available on record. 8. Perusal of the record indicates that for the alleged incident dated 17.08.2011, the impugned F.I.R. was registered with the Police Station Balghat, District Karauli for the above stated offences against eight accused persons, out of which the above stated five co-accused persons were charge-sheeted by the Investigating Agency and thereafter, convicted by the Trial Court. However, they have been acquitted by the Division Bench of this Court vide judgment dated 19.07.2023. Acquittal of the co- accused persons cannot be treated as a ground for quashing of the impugned F.I.R. against the co-accused, who in the instant case is the petitioner, as the co-accused persons have been acquitted on the basis of appreciation of the evidence led against them by the prosecution. 9. Considering the overall facts and circumstances of the case, this Court deems it just and proper to dispose of the instant petition, granting liberty to the petitioner to submit an appropriate representation before the concerned Investigating Officer. It is expected from the Investigating Officer to consider the same and submit the conclusion report of the investigation conducted so far, qua the petitioner, under Section 173 Cr.P.C. before the Competent Court, expeditiously in accordance with law. 10. Accordingly, the instant criminal misc. petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma/13