Order

20/05/2025 The factual report dated 15.05.2025 received by learned Public Prosecutor from the office of SHO. P.S. Kotwali Chittorgarh, District Chittorgarh is taken on record.

The factual report dated 15.05.2025 indicates that in the result of investigation, the offences under Section 376(2)(n) of IPC have been prima facie found to be proved against the present petitioners.

Heard learned counsel for the parties at Bar.

In the opinion of this Court, since the impugned FIR discloses the commission of cognizable offences. Thus, no case for quashing of the FIR is made out.

This Court while exercising powers under Section 528 BNSS cannot minutely go into the correctness of the allegations levelled against the petitioners at this stage. This Court is not expected to either scan the entire material available on record or to record any definitive finding on the contentions raised on behalf of the petitioners, thereon.

The Hon’ble Supreme Court of India in the case of State of Haryana vs. Bhajan Lal & Ors. reported in 1992 Supp. (1) SCC 335, has illustrated the situations wherein, the extraordinary powers under Article 226 of the Constitution of India or the inherent powers under Section 48