Rena vs State Of Rajasthan (2025:Rj-Jd:37880)
2025 Latest Caselaw 11652 Raj

Rajasthan High Court - Jodhpur

Rena vs State Of Rajasthan (2025:Rj-Jd:37880) on 26 August, 2025

[2025:RJ-JD:37880]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 2707/2024

1.       Rena W/o Jitendra Dhayal, Aged About 33 Years, R/o
         Village Jherli, Dist. Jhunjhunu.
2.       Anil Kumar Jinagal S/o Raju Ram, Aged About 36 Years,
         R/o Ward No. 5, Near Railway Station, Kiratan, Beawad
         Dist. Churu.
                                                                   ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Pramod Kumar Poonia S/o Ram Singh, R/o Ward No. 33,
         Rajgarh, Dist. Churu.
                                                                 ----Respondents
                              Connected With
                S.B. Criminal Misc(Pet.) No. 3465/2024
Rajiya Khan W/o Niyaj Mohd., Aged About 55 Years, R/o Ward
No.21, Rajgarh District Churu.
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Pramod Kumar Pooniya S/o Shri Ram Singh, Aged About
         40 Years, R/o Ward No.33 (Old Ward No.25) Indra Colony,
         Rajgarh, District Churu.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Vikas Bijarnia.
                                Mr. MA Siddiqui
For Respondent(s)         :     Mr. Narendra Singh Chandawat, PP.
                                Mr. Jai Kishan for R.2.



          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

26/08/2025

1. Learned counsels for the petitioners submits that in view of the judgment passed in Dr. Nazrul Islam v. Basudeb Banerjee & Ors. [CRR No.625/2016, decided on 25.01.2022], the

[2025:RJ-JD:37880] (2 of 2) [CRLMP-2707/2024]

complaint in the present case is not maintainable without prior prosecution sanction.

2. After arguing for some time, learned counsels for the petitioners seek liberty for the petitioners to submit a representation alongwith all the judgments/documents to the concerned Superintendent of Police with appropriate directions to decide the same and issue necessary instructions to the concerned Investigating Officer.

3. Accordingly, the instant criminal misc. petitions are disposed of with liberty to the petitioners to submit a detailed representation alongwith all the judgments/documents to the concerned Superintendent of Police averring therein all the grounds which have been raised in these petitions within a period of 07 days from the date of receipt of a copy of this order.

4. In the event, the representation is submitted, the concerned Superintendent of Police is directed to minutely and objectively consider the contents of the same and thereafter, issue necessary instructions to the Investigating Officer. All the relevant documents with the representation shall also be taken into consideration. The representation shall be decided within a period of 30 days from the date of receipt of the same.

5. Till 30 days from the date of filing of the representation, the interim order dated 20.09.2024, passed by the Coordinate Bench of this Court, shall remain in currency.

5. Pending applications, if any, stand disposed of.

(MUKESH RAJPUROHIT),J 2-3-/Jitender//-

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