HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ANOOP KUMAR DHAND
NADEEM S/O SHRI SAGIR B/C MUSALMAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMP / 2212 / 2019
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2212/2019 Nadeem S/o Shri Sagir, Aged About 23 Years, R/o Makrana District Nagaur, Raj.
----Petitioner Versus
1. State Of Rajasthan, Through Pp.
2. Begam Naseem W/o Shabbir Ahamad, D/o Abdul Bashir Aged About 38 Years, R/o Kelwada Ps Kelwada District Baran, Raj.
----Respondents For Petitioner(s) : Mr. Abdul Kalam Khan For Respondent(s) : Mr. Jitendra Singh Rathore-PP JUSTICE ANOOP KUMAR DHAND
Order
01/04/2026
1. The instant misc. petition is listed before this Court in pursuance 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 revision petitions and petitions filed under Section 482 Cr.P.C., as a result 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. Directions have been issued to this Court and other High Courts to take up such like matters which are pending since long, on priority and decide the same expeditiously without deferring the hearings to subsequent dates.
3. By way of filing the present petition, a prayer has been made to quash the impugned FIR No. 12/2019, registered with Police Station Nayapura, Kota City for the offences punishable under Sections 376-D and 406 IPC.
4. Counsel for the petitioner submits that with regard to the same allegations, the complainant/informant on earlier occasion also had lodged an identical FIR No. 86/2016 with Police Station Makrana, Nagaur for the offences punishable under Sections 366 and 376(1) IPC, which has resulted in the Final Report (Negative) and therefore, looking to the fact that the complainant has given a false information, hence, the proceedings under Section 182 IPC were ordered to be initiated against her. Counsel submits that subsequently with regard to the same allegation, the instant FIR has been lodged by her against the petitioner, hence interference of this Court is warranted.
5. At the outset, learned Public Prosecutor on the basis of the factual report dated 31.03.2026 furnished by the SHO police Station Nayaypura, Kota City, apprised this Court that after investigation, the allegations were found to be incorrect and the police has proposed Final Report (Negative), hence under the changed circumstances, no cause of action survives with the petitioner to continue with the instant petition and the same has become infructuous.
6. Considering the above, the present petition stands dismissed as rendered infrcutuous. Stay application and all pending application(s), if any, also stand dismissed.
7. A copy of the factual report furnished by the SHO Police Station, Nayaypur, District Kota City is ordered to be retained on record.
(ANOOP KUMAR DHAND),J Ashu/2
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