Babu Lal vs State Of Rajasthan (2025:Rj-Jd:16202)
2025 Latest Caselaw 9515 Raj

Rajasthan High Court - Jodhpur

Babu Lal vs State Of Rajasthan (2025:Rj-Jd:16202) on 27 March, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:16202]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 9143/2024

Kailash Kumar S/o Murildhar, Aged About 35 Years, R/o Nagori
Gate, Dist. Jodhpur City East, Raj.
                                                                          ----Petitioner
                                          Versus
1.       State Of Rajasthan, Through Pp
2.       Babu        Lal    S/o     Anna       Ram,       R/o      Rampura,    Tinwari,
         Mathaniya, Jodhpur City East
3.       Kapil Suthar S/o Asaram, R/o Chanwndiya, Khinwsar,
         Nagaur
4.       Mohammad Kasim S/o Mohammad Gula, R/o Kumari,
         Nagaur, Dist. Nagaur,raj.
                                                                       ----Respondents
                                    Connected With
                S.B. Criminal Misc(Pet.) No. 8700/2022
1.       Babu Lal S/o Anna Ram, Aged About 56 Years, Rampura
         Tinwari Mathania, Dist. Jodhpur.
2.       Mohammad Kasim S/o Mohammad Gulam, Aged About 93
         Years, Vill. Kumari, Teh. And Dist. Nagaur.
3.       Kapil Suthar S/o Asa Ram, Aged About 33 Years, Vill.
         Chawandiya, Teh. Khinvsar, Dist. Nagaur.
                                                                         ----Petitioners
                                          Versus
1.       State Of Rajasthan, Through Pp
2.       Kailash      Kumar         S/o     Murlidhar        Chawla,     Nagori   Gate,
         Jodhpur.
                                                                       ----Respondents


For Petitioner(s)               :     Mr. Vineet Jain, Sr. Adv. assisted by
                                      Mr. VD Gaur
                                      Mr. Sunil Mehta
For Respondent(s)               :     Mr. Shriram Choudhary, AGA
                                      Mr. Chetan Ram Jakhar
                                      Mr. Mohd. Sameer Khan



                HON'BLE MR. JUSTICE FARJAND ALI

[2025:RJ-JD:16202] (2 of 2) [CRLMP-9143/2024]

Order 27/03/2025

1. At the outset, learned counsel for the State submitted a

detailed factual report issued by Office of Deputy

Commissioner, District Jodhur East dated 20.03.2025, the

same be taken on record.

2. As per factual report, after thorough investigation the offence

has not been found proved, and therefore, a negative final

report has been chalked out. In this view of the matter,

nothing survives for consideration in these petitions.

3. Accordingly, the instant criminal misc. petitions as well as

stay petitions are disposed of.

4. The agency would file the negative final report with the

concerned trial Court within a period of thirty days after

receipt of a copy of this order.

5. Nonetheless the complainant would be at liberty to agitate

the issues which have been raised before this Court by

moving a protest petition. In light of the judgment passed by

Hon'ble the Supreme Court in the plethora of judicial

pronouncements and particularly in the case of Minu Kumari

& Ors. Vs. the State of Bihar & ors. reported in

(2006)4SCC359, the prayer can be made including sending

the matter back for further investigation or to take

cognizance of the offence or to treat the protest petition as a

complaint.

(FARJAND ALI),J 32-33.Samvedana/-

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