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2026 DAILYLAW 9833 (RAJ)

DINESH JOGI S/O SH. RANG LAL YOGI v. STATE OF RAJASTHAN

CRLMP/4459/2023 · 2026-07-13

Anoop Kumar Dhand

body2026

Judgment text

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[2026:RJ-JP:26197] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4459/2023 URN: CRLMP / 8664U / 2023 1. Dinesh Jogi S/o Sh. Rang Lal Yogi, R/o Pawta, Tahla District Alwar(Raj.) 2. Indraj Jogi S/o Sh. Mithunath, R/o Village Gothara, Tehsil Laxamamangarh District Alwar(Raj.) 3. Naresh S/o Sh. Rang Lal Yogi, R/o Pawta, Tahla District Alwar(Raj.) 4. Visram S/o Sh. Sadhuram, R/o Village Manas, Tehsil Thanagaji District Alwar(Raj.) ----Accused-Petitioners Versus 1. State of Rajasthan, through P.P. ----Respondent 2. Anjesh Devi W/o Sh. Vinod, R/o Pawta Tahla District Alwar(Raj.) ----Complainant-Respondents For Petitioner(s) : None present For Respondent(s) : Mr.Manvendra Singh Shekhawat, PP Mr.Dinesh Jat for Mr.Siya Ram Sharma 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 [2026:RJ-JP:26197] (2 of 3) [CRLMP-4459/2023] 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, 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.335/2023 registered at the Police Station Rajgarh, District Alwar for the offences punishable under Sections 366, 376(2)(n) & 506 IPC. 4. It has been averred in the instant petition that the petitioner has not committed any offence and he has been falsely implicated in the instant case and the Investigating Officer wants to tarnish the image of the petitioners. It has also been stated in the instant petition that a live-in-relationship agreement was executed between the parties as on 23.01.2023 and thereafter, the prosecutrix resided with the petitioner with her consent, hence, a prayer has been made for quashing the impugned F.I.R. 5. Per contra, learned Public Prosecutor opposed the prayer and submitted that after thorough investigation, a prima facie case has found to be proved against the petitioners, that is why, charge- sheet under Sections 344 & 376(2)(n) IPC has already been submitted against them before the Court of Additional Chief Judicial Magistrate No.1 Rajgarh on 03.11.2023 and the trial has commenced, hence, under these circumstances, interference of [2026:RJ-JP:26197] (3 of 3) [CRLMP-4459/2023] this Court is not warranted and the instant petition is liable to rejected. 6. Heard and considered the submissions made at the Bar and perused the material available on record. 7. Perusal of the allegations levelled in the impugned F.I.R. reveal commission of cognizable offence and the correctness of such allegations cannot be examined, adjudicated and adjudged by this Court, while exercising inherent powers contained under Section 482 Cr.P.C. Certainly, this task has been assigned to the Investigating Officer, who has already found a prima facie case against the petitioners, that is why, charge-sheet has already been submitted against them for the above stated offences before the Court of the Additional Chief Judicial Magistrate No.1 Rajgarh on 03.11.2023. 8. In the considered opinion of this Court, the instant petition stands disposed of, granting liberty to the petitioners to take all the available grounds, which have been taken before this Court and all the available defence at the appropriate stage of the trial. 9. With the aforesaid observation and direction, the instant petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of. 10. The factual report dated 24.05.2026 received from the S.H.O. Police Station Rajgarh, Alwar is ordered to be retained on record. (ANOOP KUMAR DHAND),J Aayush Sharma/5