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2026 Supreme(Raj) 962
HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
ANOOP KUMAR DHAND, J.
Ranjeet Singh, S/o. Shri Narain Singh - Petitioner
Versus
Central Bureau Of Investigation, Jaipur Through Superintendent of Police – Respondent
S.B. Criminal Miscellaneous (Petition) No.4487 of 2021 Connected With S.B. Criminal Miscellaneous (Petition) No.871 of 2010
Decided On : 17-07-2026
Important Points
Subject
Criminal Law - Quashing of FIR
Act Referred
INDIAN PENAL CODE : S.120(b), S.420, S.467, S.468, S.471
Headnote
Facts of the case:
The petitioners challenged an FIR registered against them for alleged passport-related offenses and forgery initiated through a High Court directive in a separate writ petition. The original writ petition, which served as the genesis for the FIR, was subsequently dismissed for non-compliance of a peremptory order. The petitioners sought to quash the FIR on the grounds that the legal basis for the investigation had ceased to exist.
Findings of Court:
The court observed that the FIR was a direct consequence of an earlier judicial order that has since lost its efficacy, as the underlying writ petition was dismissed. Applying the maxims "sublato fundamento cadit opus" and "cessante ratione legis, cessat ipsa lex", the court concluded that the FIR could not be sustained in the absence of the original cause of action.
Issues: Whether the FIR registered pursuant to a court-mandated inquiry can survive after the dismissal of the initiating writ petition.
Ratio Decidendi: When the origin and genesis of proceedings are quashed or dismissed, the subsequent consequential proceedings must collapse as they cannot exist without a valid foundation.
Result: Petitions allowed; FIR quashed.
For the Petitioner: Mr. Madhav Mitra, Sr. Adv. assisted by Dr. Vibhuti Bhushan Sharma, Mr. Veerendra Singh, Ms. Jaya Mitra, Mr. Ravi Bhojak and Ms. Manisha Meena Mr. Anurag Sharma with Mr. Anoop Meena
For the Respondent: Mr. Jag Mohan Saxena, Sp.PP with Mr. Chinmay Saxena and Mr. Anupam Senagar
Order :
ANOOP KUMAR DHAND, J.
1. Both the criminal misc. petitions have been submitted with a common prayer to quash and set aside the impugned FIR No.RC JAI 2010 S0007, registered at the Police Station Central Bureau of Investigation at Jaipur, District Jaipur under Sections 12(1) and 12(2) of the Passports Act, 1967 and under Sections 420, 467, 468 and 471 read with 120-B IPC.
2. Learned counsels for the petitioners submit that SB Civil Writ Petition No.11394/2009 was submitted by one Prahlad Gurjar before this Court without impleading the petitioners as party respondents in the array of cause title and the said writ petition was submitted against the Union of India through the Secretary, Ministry of External Affairs through Passport Officer and the State of Rajasthan through the Chief Secretary with the following prayers:
“It is, therefore, humbly prayed that this writ petition of the petitioner may kindly be allowed and by an appropriate writ, order or directions the non- petitioner No.1 to 3 may kindly be asked to either immediately prosecute Shri Ranjeet Singh under Section 12(1) and Shri Sanjay Dixit under Section 12(2) of the Passport Act or this Hon'ble Court permit the petitioner under Section 15 to prosecute the above two persons for the offence committed by them. Alternatively it is also prayed that if the permission of Chief Secretary of State before prosecution is considered to be required, the Chief Secretary of State be directed to grant such permission to non-petitioner No.1 to 3 or to the petitioner, as the case may be to prosecute Shri Sanjay Dixit under Section 12(2) of the Passport Act.
Any other appropriate relief which this Hon'ble Court deems just and proper in the facts and circumstances of this case, may kindly also be passed in favour of the petitioner.”
3. Counsels further submit that the said petition submitted by Prahlad Gurjar was disposed of by the Co-ordinate Bench of this Court vide order dated 13.01.2010. Counsels further submit that since the petitioners were not parties in the aforesaid SB Civil Writ Petition No.11394/2009, the orders were passed for holding inquiry and registration of criminal case, and they remained unheard, hence under these circumstances they approached the Division Bench by way of filing two different Special Appeals bearing DB Civil Special Appeal (Writ) Nos. 155/2010 and 165/2010. The said appeals were disposed of by the Division Bench of this Court vide order dated 10.11.2010 and the order dated 13.01.2010 passed by the Single Bench of this Court in S.B. Civil Writ Petition No.11394/2009 was quashed and set aside and a direction was issued to the Single Bench to rehear and decide the petitions afresh along with the instant petition.
4. Counsels submit that in the meantime, the impugned FIR was registered against the petitioners without conducting any preliminary inquiry. Counsel submits that the passport of the petitioner-Ranjeet Singh was impounded and the petitioner-Sanjay Dixit withdrew the character certificate issued by him in favour of Ranjeet Singh. The petitioners challenged the validity of the same by way of filing these two misc. petitions before this Court.
5. Counsels further submit that all these petitions were clubbed with SB Civil Writ Petition No.11394/2009 and a Co-ordinate Bench of this Court vide order dated 03.04.2025 directed the writ petitioner i.e. Prahlad Gurjar to implead the petitioners-Ranjeet Singh and Sanjay Dixit as party respondents in the array of cause title of SB Civil Writ Petition No.11394/2009. Counsel submits that an order dated 03.04.2025 was passed whereby the petitioner- Prahlad Gurjar was directed to file the amended title within a period of two days and it was observed by the Court that in case the order is not complied with the petition would be dismissed automatically without further reference to the Court.
6. Counsels further submit that the aforesaid order was not complied by the petitioner Prahlad Gurjar within the above stipul
