[2023:RJ-JP:34707]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 2496/2023

Rajkumar Sansi S/o Shri Ganpatram Sansi, Aged About 45 Years,

R/o Malahar Johda, Guhala, Tehsil Neemkathana, District Sikar

(Raj).

----Petitioner

Versus

1.

State Of Rajasthan, Through The Learned Public

Prosecutor.

2.

Lal Singh Yadav, Contemporaneous SHO, Neemkathana

Sadar, District Sikar (Raj).

----Respondents

For Petitioner(s)

:

Mr.Amit Jindal, Adv. with Mr.Lokesh

Kumar Verma, Adv.

For Respondent(s)

:

Mr.Yashwant, P.P.

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

16/11/2023

1.

The instant criminal misc. petition has been filed by the

petitioner under Section 482 Cr.P.C. for quashing of FIR

No.428/2020 registered at Police Station Neemkathana Sadar,

District Sikar for offences under Section 8/20 of the Narcotic

Drugs and Psychotropic Substances Act.

2.

Learned counsel for the petitioner argued that the petitioner

was not named in the FIR but on the basis of information by the

accused Pintu under Section 27 of the Evidence Act, the petitioner

has been tried to implicate in the present case. There is no

connecting evidence even through the call details between the

accused Pintu and the petitioner. It has been submitted that in fact

the Pintu and Jamuna alleged to purchase Contraband Weed from

one Shri Ami Lal Sansi R/o Malahar Johda and not from the

petitioner but instead of Amilal, petitioner R/o Malahar Johda has

falsely been implicated.

[2023:RJ-JP:34707]

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[CRLMP-2496/2023]

3.

Learned Public Prosecutor has opposed the misc. petition.

4.

Having heard learned counsel for the petitioner as also

learned Public Prosecutor, it appears that the Police has completed

the investigation qua accused Pintu and Jamuna and submitted

the charge-sheet. As per charge-sheet, offence under Section

8/20, 29 of NDPS Act has been prima-facie found proved, against

the petitioner as well.

5.

In the case of State of Haryana Vs. Bhajan Lal reported

in 1992 Supp(1) SCC 335, wherein the Apex Court has clearly

held that powers under Section 482 of quashing the FIR may not

be exercised in a casual and routine manner but exercise its power

in rarest and rare cases in exceptional circumstances and eight

parameters/guidelines, though not exhaustive, have been

propounded whereunder the FIR, at the state of exercising

inherent powers under Section 482 Cr.P.C., is liable to be quashed.

In facts of the present case, petitioner remained failed to prove

his case in rarest of rare cases, moreover involvement of the

petitioner has been found by the Investigating Officer.

6.

In such totality of facts and circumstances, this Court is not

inclined to exercise its powers under Section 482 Cr.P.C. to quash

the FIR No.428/2020 registered at Police Station Neemkathana

Sadar, District Sikar and accordingly, the criminal misc. petition is

hereby dismissed.

7.

Stay application and any other pending application(s), if any,

also stand(s) disposed of.

(SUDESH BANSAL),J

Monika/706