Rajasthan High Court – Jaipur
Manjeet S/O Daleep Singh vs State Of Rajasthan (2025:Rj-Jp:8705) on 27 February, 2025
Author: Ganesh Ram Meena
Bench: Ganesh Ram Meena
[2025:RJ-JP:8705]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. (Petition) No. 126/2025
Manjeet S/o Daleep Singh, Aged About 30 Years, R/o Bhindusi,
Tijara, District Bhiwadi, Rajasthan.
----Petitioner
Versus
1. State of Rajasthan, Through PP
2. Rajkumar S/o Kamlesh Kumar, Aged About 46 Years, R/o
Machhorli, Kishangarh Bas, District Bhiwadi, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Kapil Bhardwaj
For Respondent(s) : Mr. Vijay Singh Yadav, PP
HON’BLE MR. JUSTICE GANESH RAM MEENA
Order
27/02/2025
1. This criminal misc. petition under Section 528 of BNSS has
been filed by the petitioner for quashing the FIR No. 136/2024
dated 05.06.2024 registered at Police Station Shekhpur Ahir,
District Bhiwadi for the offences punishable under Sections 420 &
120B of IPC and Sections 16, 19 & 54 of the Rajasthan Excise Act.
2. Learned counsel for the petitioner submits that the accused-
petitioner has falsely been implicated in this case merely on the
basis of the statement of the co-accused Sukhvinder Singh.
3. Learned Public Prosecutor on the other hand submits that it
is a subject matter of investigation whether the accused-petitioner
is involved in commission of the offence or not as the co-accused
Sukhvinder Singh who is relative of the petitioner has specifically
named the petitioner and also their act. He also submits that as
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many as 13 other criminal cases of similar nature are pending
against the petitioner.
4. Heard.
5. Considered the submissions made at Bar and also perused
the material available on record.
6. The law as regards the quashing of an FIR has been settled
in the case of State of Haryana Vs. Ch. Bhajan Lal: 1992
Supp(1) SCC 335. The relevant paras of the said judgment which
are at page Nos.305 & 306 are being reproduced as under:-
“102. In the backdrop of the interpretation of the
various relevant provisions of the Code under Chapter
XIV and of the principles of law enunciated by this
Court in a series of decisions relating to the exercise of
the extra-ordinary power under Article 226 or the
inherent powers under Section 482 of the Code which;
we have extracted and reproduced above, we give the
following categories of cases by way of illustration
wherein such power could be exercised either to
prevent abuse of the process of any Court or otherwise
to secure the ends of justice, though it may not be
possible to lay down any precise, clearly defined and
sufficiently channelised and inflexible guidelines or rigid
formulae and to give an exhaustive list of myriad kinds
of cases wherein such power should be exercised.
1. Where the allegations made in the First
Information Report or the complaint, even if
they are taken at their face value and accepted
in their entirety do not prima-facie constitute
any offence or make out a case against the
accused.
2. Where the allegations in the First
Information Report and other materials, if any,
accompanying the F.l.R. do not disclose a
cognizable offence, justifying an investigation
by police officers under Section 156(1) of the
Code except under an order of a Magistrate
within the purview of Section 155(2) of the
Code.
3. Where the uncontroverted allegations made
in the FIR or complaint and the evidence
collected in support of the same do not disclose(Downloaded on 06/03/2025 at 09:49:47 PM)
[2025:RJ-JP:8705] (3 of 4) [CRLMP-126/2025]the commission of any offence and make out a
case against the accused.
4. Where, the allegations in the F.I.R. do not
constitute a cognizable offence but constitute
only a non-cognizable offence, no investigation
is permitted by a police officer without an order
of a Magistrate as contemplated under Section
155(2) of the Code.
5. Where the allegations made in the FIR or
complaint are so absurd and inherently
improbable on the basis of which no prudent
person can ever reach a just conclusion that
there is sufficient ground for proceeding
against the accused.
6. Where there is an express legal bar
engrafted in any of the provisions of the Code
or the concerned Act (under which a criminal
proceeding is instituted) to the institution and
continuance of the proceedings and/or where
there is a specific provision in the Code or the
concerned Act, providing efficacious redress for
the grievance of the aggrieved party.
7. Where a criminal proceeding is manifestly
attended with mala fide and/or where the
proceeding is maliciously instituted with an
ulterior motive for wreaking vengence on the
accused and with a view to spite him due to
private and personal grudge.
103. We also give a note of caution to the effect that
the power of quashing a criminal proceeding should be
exercised very sparingly and with circumspection and
that too in the rarest of rare cases; that the Court will
not be justified in embarking upon an enquiry as to the
reliability or genuineness or otherwise of the allegtions
made in the F.I.R. or the complaint and that the
extraordinary or inherent powers do not confer an
arbitrary jurisdiction on the Court to act according to its
whim or caprice.”
7. On perusal of the averments made in the FIR, at this stage it
cannot be said that the said averments do not constitute any
offence and whether a person has falsely been implicated in a
case on the basis of the statement of the co-accused, who was
caught on the spot, is a subject matter of investigation, this Court
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[2025:RJ-JP:8705] (4 of 4) [CRLMP-126/2025]
has no mechanism to ascertain the veracity of the allegation made
in the FIR.
8. Taking into consideration the totality of the facts and
circumstances of the case, this Court finds no ground to quashing
the impugned FIR.
9. Accordingly, this misc. petition is dismissed.
10. Pending application/s, if any, also stands disposed of.
(GANESH RAM MEENA),J
DIVYA SAINI /111
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