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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 5474/2020

Zeeshan Qureshi S/o Hanif Qureshi, R/o Jda Colony, Jaisinghpura, Bhankrota, Jaipur

----Petitioner Versus

1. State of Rajasthan, through Public Prosecutor

2. Victim ----Respondents

For Petitioner(s) : None present For Respondent(s) : Mr.Jitendra Singh Rathore, PP

JUSTICE ANOOP KUMAR DHAND

Order

28/03/2026

1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned F.I.R. No.244/2020 registered at the Police Station Bhankrota, District Jaipur (West) for the offences punishable under Sections 376 & 366 IPC along-

with Section 3(1)(w) & 3(2)(va) of the SC/ST Act.

2. The contents of the petition as well as the grounds taken therein indicate that a plea has been taken that in fact, no such incident, as alleged, has occurred and the petitioner has been falsely implicated in the instant case. It has also been averred in the petition that the prosecutrix was having love affair with the petitioner, hence, she has resided with him and at a later point of time, she has lodged F.I.R. with false, vague and baseless allegations, hence under these circumstances, interference of this

Court is warranted.

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3. Per contra, learned Public Prosecutor opposes the prayer and submits that after thorough investigation of the matter, the role of the petitioner was found to be prima facie proved, hence, charge- sheet has already been submitted against him for the offences under Sections 366 & 376(2)(n) IPC & 3(w), 3(2)(v) of SC/ST Act before the Court of Additional District & Sessions Judge (SC/ST Cases) No.2, Jaipur Metropolitan on 22.07.2022. Counsel further submits that under these circumstances, interference of this Court

is not warranted and the instant petition is liable to be rejected.

4. Heard and considered the submissions made at the Bar and

perused the material available on record.

5. The contents of the petition and the allegations levelled therein against the petitioner reveal commission of cognizable offence and the correctness of the allegations cannot be examined and adjudicated by this Court at this stage, while exercising its inherent jurisdiction contained under Section 482 Cr.P.C. Certainly, this task has been assigned to the Investigating Officer, who has also found prima facie involvement of the petitioner, after thorough investigation in the matter and has already submitted charge-sheet against him before the concerned Court on

22.07.2022.

6. Considering the fact that after investigation, Police has already submitted charge-sheet against the petitioner before the competent Court of law, this Court deems it just and proper to dispose of the instant criminal misc. petition granting liberty to the petitioner to take all available grounds and defence, which have

been taken before this Court, at the appropriate stage of the trial.

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7. 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.

(ANOOP KUMAR DHAND),J

Aayush Sharma /27

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