Citation : 2025 Latest Caselaw 8600 Raj
Judgement Date : 10 March, 2025
[2025:RJ-JD:13237]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1039/2025
Mohammed Amin S/o Mohammed Akhtar, Aged About 46 Years,
2Nd Tal, Pal Link Road, Management Office Building, Moulana
Abdul Kalam Azad Muslim School, Devnagar, Jodhpur City West,
Raj. ----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Shoukat Ali Ansari S/o Marhum Insaf Ali, Aged About 75
Years, Pal Link Road, Marwar Muslim Education Society,
P.s. Devnagar, Jodhpur City West, Raj. ----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 26/2025
Shoukat Ali S/o Insaf Ali, Aged About 75 Years, R/o Pal Link
Road, Marwar Muslim Education Society, Dev Nagar, Jodhpur
(Raj.) ----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. SHO, Police Station Dev Nagar, Jodhpur. ----Respondents
For Petitioner(s) : Ms. Sapna Vaishnav
Mr. Ziya Ul Haq
Mr. Mohd. Javed Gouri
For Respondent(s) : Mr. Deepak Choudhary, GA cum AAG
with Mr. Kuldeep Singh Kumpawat
Mr. Moti Singh
Mr. Anand Singh, ACP, Boranada (IO)
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
10/03/2025
S.B. Criminal Misc(Pet.) No. 1039/2025
The instant misc. petition under Section 482 Cr.P.C. (Section 528
BNSS) has been filed by the petitioner for quashing of FIR
No.115/2024, Police Station Dev Nagar, District Jodhpur City West for
offences under Sections 420 and 409 of IPC.
After hearing learned counsel for the petitioner and taking into
consideration the material available on record, I am not inclined to
quash the FIR. However, liberty is granted to the petitioner to file
[2025:RJ-JD:13237] (2 of 2) [CRLMP-1039/2025]
representation along with relevant documents before the concerned
Investigating Officer within a period of ten days. The Investigating
Officer shall take up all the facts as well as representation, if any, filed
on behalf of the petitioner and complete the investigation by
considering them strictly in accordance with law within a period of two
weeks from the date of filing of the representation.
The instant misc. petition filed by the petitioner is disposed of
accordingly.
Stay petition is also disposed of.
For a period of three weeks from today, the petitioner shall not be
arrested in connection with FIR No.115/2024, Police Station Dev Nagar,
District Jodhpur City West.
S.B. Criminal Misc(Pet.) No. 26/2025
The instant misc. petition under Section 528 BNSS has been filed
by the petitioner with the limited prayer that the Investigating Agency
may be directed to conduct fair and impartial investigation in FIR
No.115/2024, Police Station Dev Nagar, District Jodhpur City West.
Learned counsel for the petitioner-complainant submits that after
investigation, the offences has been proved against the accused-person.
Therefore, the present criminal misc. petition has become infructuous.
In view of submission made by the counsel for the petitioner-
complainant, the present criminal misc. petition is hereby dismissed as
having become infructuous.
(MANOJ KUMAR GARG),J 5-6-mSingh/-
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