HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ANOOP KUMAR DHAND
RAJEEV GUPTA S/O SHRI CHUNNI LAL GUPTA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMP / 2275 / 2020
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2275/2020 Rajeev Gupta S/o Shri Chunni Lal Gupta, R/o Ward No. 11, Neemkathana, PS Neemkathana, Dist. Sikar, Raj.
----Petitioner Versus
1. State of Rajasthan, through PP
2. Rajendra Mahraniya S/o Narayan Lal, R/o Ward No. 11, Neemkathana, PS Neemkathana, Dist. Sikar, Raj.
----Respondents For Petitioner(s) : Ms.Neelam Choudhary with Ms.Neeti Maurya for Mr.Ashindra Gutam For Respondent(s) : Mr.Jitendra Singh Rathore, PP Mr.Kalyan Chand Surela JUSTICE ANOOP KUMAR DHAND
Order
02/04/2026
1. The instant criminal misc. petition has been preferred for quashing the impugned F.I.R. No.130/2020, registered at Police Station Neemkathana, District sikar for the offences punishable under Sections 504 IPC and Section 3(1)(r) & 3(1)(s) of the SC/ST (Prevention of Atrocities Act) 1989 (Amended 2015).
2. Learned counsel for the petitioner submits that the petitioner is not in touch with her.
3. Looking to the fact that the instant criminal misc. petition is lying pending before this Court for last more than six years, i.e., since 2020 and an interim order passed by this Court is operating in favour of the petitioner since 03.07.2020, hence, this Court deems it just and proper to look into the facts and grounds which are narrated in the instant petition and decide the same accordingly.
4. Perusal of the contents of the instant petition and the grounds taken therein indicate that the petitioner has been falsely implicated in the instant case and he has not committed any offence whatsoever. Initially, the Police have submitted the Final Report ‘Negative’ in other F.I.R. No.131/2020 and only because of the enmity with the petitioner, a baseless instant F.I.R. has been lodged against him with false averments, hence, a direction has been sought to quash the proceedings in relation to the above stated offences.
5. Per contra, learned Public Prosecutor opposes the prayer and submits that after thorough investigation in the instant matter, prima facie case has been found to be proved against the petitioner, hence, under these circumstances, interference of this Court is not warranted and the instant petition is liable to be rejected.
6. Heard and considered the submissions made at the Bar and perused the material available on record.
7. Perusal of the contents of the impugned F.I.R. as well as the allegations levelled therein reveal commission of cognizable offence and the correctness of allegations cannot be examined and adjudicated by this Court, while exercising inherent jurisdiction contained under Section 482 Cr.P.C., as certainly, this task has been assigned to the Investigating Officer.
8. Looking to the fact that on account of the interim order passed by this Court, the investigation is still lying pending before the Investigating Officer, this Court deems it just and proper to dispose of the instant petition granting liberty to the petitioner to submit a representation in support of his contentions before the Investigating Officer. It is expected from the Investigating Officer to look into the same and thereafter, submit the report of conclusion of investigation under Section 173 Cr.P.C. before the competent Court of law strictly in accordance with law.
9. With the aforesaid observation, the instant criminal misc. petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of.
(ANOOP KUMAR DHAND),J Aayush Sharma /62
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