[2026:RJ-JP:12692]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3154/2021 Balram Son Of Shri Ramesh Gurjar, Resident Of Hanumanbas, Police Station Khedli Ganj, District Alwar (Raj)

----Accused/Petitioner Versus

1. State Of Rajasthan, Through P.P.

2. Mahendra Singh Son Of Shri Pooran Gurjar, Resident Of Hanumanbas, Police Station Kherli, District Alwar (Raj.)

----Respondents For Petitioner(s) : Ms. Kamini Pareek for Mr. Rajesh Kumar Sharma For Respondent(s) : Mr. Amit Kumar Gupta, PP JUSTICE ANOOP KUMAR DHAND

Order

25/03/2026

1. The instant misc. petition is listed before this Court in pur- suance 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 revi- sion petitions and petitions filed under Section 482 Cr.P.C., as a re- sult 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. Taking serious note of the aforesaid factual aspect of the matter, directions have been issued to this Court and other High Courts to take up such like matters on priority and decide the same expeditiously without deferring the hearings to subsequent dates.

3. By way of filing the instant criminal miscellaneous petition, a challenge has been led to the impugned FIR No. 122/2019 regis- tered at Police Station Mandawar, District Dausa, for the offence(s)

punishable under Section(s) 420, 406 & 302 of IPC.

4. Learned counsel for the petitioner submits that she is not in contact with the petitioner and is not aware about the current sta-

tus of the investigation.

5. This Court deems it just and proper to look into the matter as the FIR pertains to the year 2019 and the instant misc. peti- tion, seeking quashing of the FIR is lying pending before this Court since the year 2021.

6. The grounds taken in the instant misc. petition indicate that since the ingredients of the alleged offences are not made out, therefore, the petitioner has approached this Court for quashing of the impugned FIR on this ground alone.

7. Per contra, learned Public Prosecutor opposes the prayer and submits that after thorough investigation in the matter, from all the four corners, the role of the petitioner was found to be prima facie proved under Section(s) 420, 406 & 302 of IPC. Since the petitioner was absconding, hence, the investigation was kept pending against him under Section 173(8) Cr.P.C. However, later on the petitioner was arrested, after issuance of production war- rant by the concerned Court at Uttar Pradesh and thereafter charge-sheet has already been submitted against the petitioner on

18.07.2023. Hence, interference of this Court is not warranted.

8. Heard and considered the submissions made at the bar and perused the material available on record.

9. Perusal of the impugned FIR and the allegations levelled therein against the petitioner reveal commission of a cognizable offence by the petitioner. Correctness of the allegations levelled therein cannot be examined by this Court at this stage, while ex- ercising its inherent jurisdiction under Section 482 Cr.P.C. as cer-

tainly, this task has been assigned to the Investigating Agency.

10. In the instant case, after investigation, charge-sheet has al- ready been submitted against the petitioner before the concerned Court on 18.07.2023. In the considered opinion of this Court, the petitioner would be at liberty to take all the available grounds, which have been taken by him before this Court in the instant misc. petition along with the defence before the Trial Court, at the appropriate stage of the trial.

11. With the aforesaid observation and direction, the instant pe- tition stands disposed of. Stay application a