HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 7983/2022

Asharam Swami S/o Begdas Swami, Aged About 45 Years, R/o

Plot No. 3, Subhash Nagar, Niwaru Road, Jaipur, Rajasthan, ( At

Present In District Jail Jaipur).

----Petitioner

Versus

1.

State Of Rajasthan, Through P.p.

2.

Victim, D/o Ramswroop Yadav age 15 years, R/o Village

Rampura Police Station Karchna, District Illahabad, Uttar

Pradesh, Present Address-Tenent Choudhary Colony,

Goner Road, Police Station Shivdaspura, Jaipur.(Minor

through her father Ramswroop Yadav)

----Respondents

For Petitioner(s)

:

Mr. Manoj Singh Chouhan

For Respondent(s)

:

Mr. Atul Sharma, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Order

04/11/2022

1.

Petitioner has preferred this criminal misc. petition seeking

quashing of FIR No.280/2022 registered at Police Station Malpura

Gate, Jaipur(East).

2.

It is contended by counsel for the petitioner that charge-

sheet has been filed against the petitioner and the victim is a

minor girl. It is also contended that in the school document which

has been produced with the charge-sheet, the victim is shown as

daughter of Rajendra Yadav whereas, in the FIR the victim has

mentioned her father’s name as Ramswaroop Yadav. It is further

contended that there is change in name of mother as well. It is

(2 of 2)

[CRLMP-7983/2022]

prayed that the victim be subjected to ossification test to

determine her age.

3.

I have considered the contentions.

4.

In the ID proof also, the victim is aged 15 years. At this

stage, this Court cannot disbelieve the school record which has

been produced by the Investigating Officer and when school

record is available, the question of ossification test does not arise,

hence, I am not inclined to entertain the present misc. petition as

charge-sheet has been filed against the petitioner and there is

allegation of rape against him.

5.

Criminal Misc. Petition is accordingly, dismissed.

(PANKAJ BHANDARI),J

HEENA/26