Rajasthan High Court
Moolchand S/O Shree Mangal vs State Of Rajasthan on 2 November, 2022
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 9104/2022
1. Moolchand S/o Shree Mangal, R/o Jaisinghpura, Tehsil
Chaksu, District Jaipur (Raj.), Currently Residing At Ward
No. 27, Lodhi Colony, Mirzapur, Gangapur City, District
Sawai Madhopur (Raj.)
2. Nathulal S/o Late Shree Manna, R/o Jaisinghpura, Tehsil
Chaksu, District Jaipur (Raj.), Currently Residing At Ward
No. 27, Lodhi Colony, Mirzapur, Gangapur City, District
Sawai Madhopur (Raj.)
3. Lalllu Singh S/o Late Shree Manna, R/o Jaisinghpura,
Tehsil Chaksu, District Jaipur (Raj.), Currently Residing At
Ward No. 27, Lodhi Colony, Mirzapur, Gangapur City,
District Sawai Madhopur (Raj.)
4. Maur Singh S/o Late Shree Manna, Jaisinghpura, Tehsil
Chaksu, District Jaipur (Raj.), Currently Residing At Ward
No. 27, Lodhi Colony, Mirzapur, Gangapur City, District
Sawai Madhopur (Raj.)
5. Panchu Singh S/o Late Shree Manna, Jaisinghpura, Tehsil
Chaksu, District Jaipur (Raj.), Currently Residing At Ward
No. 27, Lodhi Colony, Mirzapur, Gangapur City, District
Sawai Madhopur (Raj.)
6. Keshav Singh S/o Prem Singh, R/o Gangapur City, District
Sawai Madhopur (Raj.), Currently Residing At Ward No.
27, Lodhi Colony, Mirzapur, Gangapur City, District Sawai
Madhopur (Raj.)
----Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Ram Prasad S/o Shree Mangla, R/o Jaisinghpura, Tehsil
Chaksu, District Jaipur (Raj.), Currently Residing At
Gangapur City, District Sawai Madhopur (Raj.)
3. Kalyan S/o Shree Mangla, R/o Jaisinghpura, Tehsil
Chaksu, District Jaipur (Raj.), Currently Residing At
Gangapur City, District Sawai Madhopur (Raj.)
4. Parasram S/o Shree Mangla, R/o Jaisinghpura, Tehsil
Chaksu, District Jaipur (Raj.), Currently Residing At
Gangapur City, District Sawai Madhopur (Raj.)
5. Satyanarayan S/o Shree Sonya, R/o Chaksu District
Jaipur (Raj.)
6. Sitaram S/o Shree Sonya, R/o Chaksu District Jaipur
(Raj.)
7. Raghudayal S/o Shree Prahlad, R/o Chaksu District Jaipur
(Raj.)
8. Siyaram S/o Shree Prahlad, R/o Chaksu District Jaipur
(Raj.)
9. Advocate L.k. Sharma S/o Unknown, R/o Chaksu District
(Downloaded on 04/11/2022 at 09:15:53 PM)
(2 of 3) [CRLMP-9104/2022]
Jaipur (Raj.)
10. Bajrang S/o Unknown, R/o Unknown
11. Raghuveer Singh, Director, Shakuntla Colonisers, 1035-
104, Geetanjali Tower, Ajmer Road, Sodala, Jaipur.
----Respondents
For Petitioner(s) : Mr. Pratush Choudhary, Adv. on behalf
of Mr. Deepak Chauhan, Adv.
For Respondent(s) : Mr. Atul Sharma, PP
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
02/11/2022
Defect is overruled.
This Criminal Miscellaneous Petition has been filed by the
petitioner under Section 482 Cr.P.C. against the order dated
26.08.2022 passed by Additional Civil Judge and Metropolitan
Magistrate No.19, Chaksu, Jaipur Metropolitan-I wherein the
application of the petitioners under Section 156 (3) Cr.P.C. for
registration of the FIR has been rejected.
Learned counsel for the petitioners submits that petitioners
had filed a complaint before the trial court against the respondent
Nos.2 to 11 for the offence under Sections 420, 406, 467, 468,
471 and 120-B IPC. Learned counsel for the petitioners also
submits that petitioners have requested the trial court to send the
complaint for investigation under Section 156 (3) Cr.P.C. but trial
court instead of sending the complaint for investigation under
Section 156 (3) Cr.P.C. ordered an enquiry under Section 200
Cr.P.C. Learned counsel for the petitioners also submits that a bare
perusal of the complaint reveals that prima facie cognizable
offence is made out, so, trial court cannot use discretion in
arbitrary manner. So, the order of the trial court dated 26.08.2022
(3 of 3) [CRLMP-9104/2022]
be set aside and trial court be directed to send the complaint for
investigation under Section 156 (3) Cr.P.C. to Police Station
Chaksu.
Learned counsel for the petitioners has relied upon the
judgment of Hon'ble Supreme Court in Criminal Appeal
No.1184 of 2022 (Arising out of SLP (Crl.) No.1674 of
2022) decided on 05.08.2022.
Learned Public Prosecutor does not object the prayer of
petitioners.
I have considered the arguments advanced by learned
counsel for the petitioners as well as learned Public Prosecutor.
A bare perusal of the complaint reveals that prima facie
cognizable offence is made out. So, in my considered opinion, trial
court wrongly ordered to enquire the matter under Section 200
Cr.P.C. instead of sending the complaint for investigation under
Section 156 (3) Cr.P.C. So, petition filed by the petitioners
deserves to be allowed.
Therefore, the Criminal Miscellaneous Petition is allowed and
the order of the trial court dated 26.08.2022 is set aside.
Trial court is directed to send the complaint for investigation
under Section 156 (3) Cr.P.C. to Police Station Chaksu.
Stay application also stands disposed of.
(NARENDRA SINGH DHADDHA),J
Jatin /103
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