[2026:RJ-JD:13003]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 8776/2025 Farjana Bano W/o Mumtaj Ali, Aged About 45 Years, Resident Of Riyan Pipar City, Jodhpur Rural.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Superintendent Of Police, Jodhpur Rural

3. Sho, Police Station Pipar City, Jodhpur Rural ----Respondents Connected With S.B. Criminal Misc(Pet.) No. 5510/2025 Mehbub Ali S/o Harun, Aged About 23 Years, R/o Riyan, Pipar City, Dist. Jodhpur (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Farjana Bano W/o Mumtaj Ali, R/o Riya, Tehsil Pipar City, Dist. Jodhpur (Raj.)

----Respondents For Petitioner(s) : Mr. Firoz Khan Mr. Sumer Singh Jodha For Respondent(s) : Mr. N.S. Chandawat, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

18/03/2026

1. Learned counsel for the petitioners do not want to press these instant misc. petitions. However, they seek liberty for the petitioners to submit a representation to the concerned Superintendent of Police with appropriate directions to decide the same and issue necessary instructions to the concerned Investigating Officer.

2. Accordingly, the instant misc. petitions as well as stay petition are dismissed as not pressed with liberty to the petitioners to submit a detailed representation to the concerned Superintendent of Police averring therein all the grounds which have been raised in this petition within a period of 20 days from the date of receipt of a copy of this order.

3. Every document as would be submitted by the petitioners shall be taken on record and it should not be a mere formality instead competent investigation shall be done and endorsement in this regard shall be made in the case diary itself. The chats purportedly exchanged in between the petitioners and the victim shall be examined by the Investigating officer and the victim shall also be confronted with it and only where after a conclusion shall be drawn whether offence is made out or not or whether there were consensual sexual relation between two majors.

4. Until such conclusion is arrived, no arrest shall be made. In case, it is resulted that offence is proved, a fifteen days prior notice shall be given to the petitioners so that they may exercise his legitimate right.

5. In the event, the representation is submitted, the concerned Superintendent of Police is directed to minutely and objectively consider the contents of the same and thereafter, issue necessary instructions to the Investigating Officer. All the relevant documents with the representation shall also be taken into consideration. The representation shall be decided within a period of 40 days from the date of receipt of the same. Till the representation is decided, the petitioners shall not be arrested in connection with FIR No.178/2025 registered at the Police Station Pipar City, District Jodhpur.

(FARJAND ALI),J

54-Taruna/-