Rajasthan High Court – Jaipur
Sushil Mangal S/O Sh. Satyanarayan … vs State Of Rajasthan (2025:Rj-Jp:28512) on 29 July, 2025
Author: Sameer Jain
Bench: Sameer Jain
[2025:RJ-JP:28512]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6580/2024
1. Omprakash S/o Prabhati Lal, R/o Village Machda, Post
Nindar, Tehsil Amer, District Jaipur.
2. Kamlesh Kumar Regar S/o Omprakash, R/o Village
Machda, Post Nindar, Tehsil Amer, District Jaipur.
----Petitioners
Versus
1. State Of Rajasthan, Through The Learned Public
Prosecutor.
2. Radheyshyam Rai S/o Girdhari Lal Rai, R/o A-44,
Vivekanand Colony, Ambabari, Vidhyadhar Nagar, Jaipur
City North, Jaipur, Rajasthan.
—-Respondents
Connected With
S.B. Criminal Miscellaneous (Petition) No. 1059/2019
1. Parma Devi W/o Shri Gangadhar, R/o Vill. Koleshwar
Khurd Ps Kolva Dist. Dausa Raj.
2. Kisan Lal S/o Shri Gangadhar, R/o Vill. Koleshwar Khurd
Ps Kolva Dist. Dausa Raj.
—-Petitioners
Versus
State Of Rajasthan Through Pp, Raj.
—-Respondent
S.B. Criminal Miscellaneous (Petition) No. 3752/2021
Seema Rehman W/o Shri Zikrur Rehman, Aged About 36 Years,
R/o Plot No. 10, Gali No. 4, Maulana Ziyauddin Colony, Char
Darwaza Bahar, Jaipur.
—-Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Mohammad Faim S/o Shri Mohammad Naim, ( Wrongly
Mentioned In Fir As R/o 10, Gali No. 4, Ziyauddin Colony,
Ramganj, Jaipur City ( North), Rajasthan, India ) Original
R/o Plot No. 9, Suraj Nagar, Pashchim Path, Yamuna Path,
Civil Lines, Ajmer.
—-Respondents
S.B. Criminal Miscellaneous (Petition) No. 1830/2022
Smt. Annu Kumari W/o Ajay Parsal D/o Sukhram Choudhary,
Aged About 32 Years, R/o B-152, Jamunaapuri, Muralipura,
Jaipur (Rajasthan)
—-Petitioner
Versus
State Of Rajasthan, Through P.p.
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—-Respondent
S.B. Criminal Miscellaneous (Petition) No. 2929/2022
Kirti Bhai S/o Shri Ramnik Lal Dave, R/o Chandroday Society,
Opp. Goldan, Traygal, Sardar Padel Road, Navrangpura,
Ahamdabad (Gujrat).
—-Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Bharat Lal Meena S/o Manphool, R/o Khawa, Tehsil And
District Sawaimadhopur.
—-Respondents
S.B. Criminal Miscellaneous (Petition) No. 4138/2022
1. Sanjay Biyani @ Sanjay Maheshwari S/o Ram Swaroop
Biyani, C-114 ( A And E) Road No. 8, Vishwakarma
Industrial Area, Jaipur. Also At Guman Eternity, Gh-2,
Subhash Nagar, Shastri Nagar, Jaipur.
2. Kanak Biyani W/o Sanjay Maheshwari, R/o C-114 ( A And
E) Road No. 8, Vishwakarma Industrial Area, Jaipur. Also
At Guman Eternity, Gh-2, Subhash Nagar, Shastri Nagar,
Jaipur.
—-Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. Amit Kumar Meena S/o Hanuman Sahay Meena, R/o Hall
Bank Manager Idbi Bank Branch Nims, Chandwaji, Jaipur
Gramin, Rajasthan.
—-Respondents
S.B. Criminal Miscellaneous (Petition) No. 6931/2022
Chainaram S/o Aasuram, Aged About 29 Years, Resident Of
Nosal, Teh- Roopangarh District Ajmer (Rajasthan).
—-Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Ramdayal S/o Shri Shivraj, Resident Of Udaypura, Police
Station Dudu Hall, Sail Sagar, P.s. Pachewar, Tonk
(Rajasthan).
—-Respondents
S.B. Criminal Miscellaneous (Petition) No. 9972/2022
Ashish Somani S/o Shri Ramesh Kumar Somani, Partner Of M/s
Shri Anand Enterprises, R/o 3860, Naiyon Ki Gali, Kgb Ka Rasta,
Johari Bazar, Jaipur.
—-Petitioner
Versus
1. State Of Rajasthan, Through P.p.
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2. Shishram Sankhala S/o Shri Sagar Mal Sankhala, R/o
Dhani Surdas Wali, Shyam Nagar, Kotputli, District Jaipur.
—-Respondents
S.B. Criminal Miscellaneous (Petition) No. 6431/2024
1. Phariyad Son Of Budda, Resdent Of Dholpur, Police
Station Sadar Dholpur, District Dholpur (Raj).
2. Altaph Son Of Jakar, Resident Of Katariya, Police Station
Jurhara, District Deeg (Raj).
3. Hakku Son Of Aaseen, Resident Of Katariya, Police Station
Jurhara, District Deeg (Raj).
4. Nanoo Son Of Aaseen, Resident Of Katariya, Police
Station Jurhara, District Deeg (Raj).
—-Petitioners
Versus
1. State Of Rajasthan, Through The Public Prosecutor.
2. Mohit Son Of Vijay, Resident Of Bhitarbar, Police Station
Bhitarbar, District Gwalior ( M.p).
—-Respondents
S.B. Criminal Miscellaneous (Petition) No. 6532/2024
Papu Sharma S/o Late Chitarmal, Aged About 38 Years, R/o
Kushalpura Bansa, Police Station Samod, District Jaipur.
—-Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Rajkum Nitharwal S/o Babulal Nitharwal, R/o Pujari Ka
Bass, Jajod, Sikar, Rajasthan.
—-Respondents
S.B. Criminal Miscellaneous (Petition) No. 6593/2024
1. Indra Kumar Varindani Son Of Shri Kanhaiyalal Varindani,
R/o 120, Girnar Colony, Scheme-6, Mandir Marg, Vaishali
Marg, Vaishali Nagar, Jaipur (Raj.)
2. Himanshu Kumar Varindani S/o Shri Indra Kumar
Varidani, R/o 120, Girnar Colony, Scheme-6, Mandir
Marg, Vaishali Marg, Vaishali Nagar, Jaipur (Raj.)
3. Jay Kumar Varindani S/o Shri Indra Kumar Varidani, R/o
120, Girnar Colony, Scheme-6, Mandir Marg, Vaishali
Marg, Vaishali Nagar, Jaipur (Raj.)
—-Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Harish Sharma S/o Late Vishanu Datt Sharma, R/o B-01,
Behind Kanwatia Hospital, Shastri Nagar, Jaipur (Raj.)
—-Respondents
S.B. Criminal Miscellaneous (Petition) No. 6621/2024
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1. Bimla W/o Sahiram, R/o Chawala, South West , Delhi.
2. Rani W/o Hariniwas, R/o Chawala, South West , Delhi.
3. Shakuntla W/o Jagram, R/o Chawala, South West , Delhi.
4. Hoshiyari W/o Shivshankar, R/o Chawala, South West ,
Delhi.
5. Shivshankar S/o Gangaram, R/o Chawala, South West ,
Delhi.
6. Rahul Kumar S/o Randhir Singh, R/o Dhanwapur, Gurgaon
Sadar, Haryana.
—-Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Deepak Gupta S/o Shri Radheshyam Gupta, R/o 782,
Sector 17, Faridabad ( Hariyana).
—-Respondents
S.B. Criminal Miscellaneous (Petition) No. 6739/2024
Bhairuram S/o Shri Ramdev, Aged About 76 Years, R/o Village
Bhatawala, Tehsil Sanganer, District Jaipur ( Rajasthan).
—-Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. The Director General Of Police, Rajasthan, Jaipur.
3. The Commissioner Of Police, Police Commissionerate,
Govt. Hostel, M.i. Road, Jaipur.
4. The Deputy Commissioner Of Police, Jaipur ( South).
5. The Station House Officer, Police Station Sanganer Sadar,
District Jaipur City ( South).
—-Respondents
S.B. Criminal Miscellaneous (Petition) No. 6742/2024
Fatehchand Sharma S/o Late Shri Banshidhar Sharma, Aged
About 82 Years, R/o House No. 2270, Khajane Walo Ka Rasta,
Chandpole Bazar, Jaipur, ( Rajasthan).
—-Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Smt. Sharmila Devi W/o Rakesh Sansi, R/o B-371,
Murlipura Scheme, Jaipur, Kardhani, Jaipur (West),
Rajasthan.
—-Respondents
S.B. Criminal Miscellaneous (Petition) No. 1595/2025
1. Sakil Ahmad Son Of Shri Munirkha, Residence Of Ward
No. 20,uniara,tonk, Rajasthan.
2. Jahida Wife Of Shri Sakil Ahmad, Residence Of Ward No.
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20,uniara,tonk, Rajasthan.
—-Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Kyamudeen Son Of Shri Imamudeen, Residence Of
Residence Of Ward No. 20,uniara, Tonk, Rajasthan.
—-Respondents
S.B. Criminal Miscellaneous (Petition) No. 1985/2025
Sushil Mangal S/o Sh. Satyanarayan Mangal, Aged About 60
Years, R/o Bimal- Satya, 42, Royal Avenue, Pocket-27, Sector-
24, Rohini, Delhi- 110085,
—-Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Chief Commissioner, Income Tax Department, Office
Address:-Janpath, Jaipur (Raj.)
3. Deputy Director, Enforcement Directorate, Zonal Office,
2nd Floor, Jeewan Nidhi IInd, LIC Building, Bhawani Singh
Road, Jaipur (Raj.)
4. Union of India through Secretary Department of Revenue,
Ministry of Finance, New Delhi, India.
—–Respondent
5. Varun Kumar Pandey S/o Vijay Bahadur Pandey, R/o Right
Cross Road, A 24 Veshali Kommi 1, Sarjapur Road,
Bengluru, India, Aged Adult.
—-Respondents
S.B. Criminal Miscellaneous (Petition) No. 2247/2025
Anil Gupta S/o I.N. Gupta, Present Resident Of Flat No. 905,
Tower-A, Ashadeep Green Avenue, Jagatpura, Jaipur.
—-Petitioner
Versus
1. State Of Rajasthan, Through Its P.p.
2. Anisha Anand D/o Sumindra Anand, Aged About 43 Years,
Resident Of 5-Ja-15, Jawahar Nagar, Jaipur (Raj).
—-Respondents
S.B. Criminal Miscellaneous (Petition) No. 2982/2025
1. Smt. Shyama Bansal W/o Shri Jai Kishan, Aged About 65
Years, Resident Of 2184, Dinanathji Ka Rasta, Chandpole
Bazar, Nahargarh, Jaipur.
2. Shri Jai Kishan S/o Shri Kalyan Mal Agrawal, Aged About
68 Years, Resident Of 2184, Dinanathji Ka Rasta,
Chandpole Bazar, Nahargarh, Jaipur.
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—-Petitioners
Versus
1. State Of Rajasthan, Through Its Pblic Prosecutor,
Rajasthan High Court, Jaipur.
2. Ashok Kumar Sharma S/o Shri Brijmohan Sharma, R/o
92, Krishna Nagar, Teen Dukaan, Dehar Ka Balaji,
Murlipura, Jaipur (West), Rajasthan.
—-Respondents
S.B. Criminal Miscellaneous (Petition) No. 3036/2025
1. Vinay Yadav S/o Singashan, Aged About 35 Years, House
No. 365, Khasra No. 57/20, Extn-2C, Nangloi, West Delhi.
2. Aadarsh Yadav S/o Singashan, House No. 365, Khasra No.
57/20, Extn-2C, Nangloi, West Delhi
—-Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. Station House Officer, Police Station Malviya Nagar
District Jaipur City (East) District Jaipur.
3. Shri Vijay Gurunani S/o Shri Shankarlal, R/o 11/261,
Malviya Nagar Jaipur City East Jaipur.
—-Respondents
For Petitioner(s) : Mr. V.R. Bajwa, Sr. Adv. Assisted by
Mr. Nitin Jain (Amicus curiae)
Mr. Amit Jindial
Mr. Prakash Lamba
Mr. Chain Singh Rathore
Mr. Santosh Kumar Soni
Mr. Abhishek Bhardwaj
Mr. Dharmendra for
Mr. Kapil Gupta
Mr. Pallav Choudhary
Mr. Sparsh Bansal for
Mr. Bharat Yadav
Mr. Ankur Jain
Mr. Aditya Matolia,
Mr. Kushagra Sharma
Mr. Sumit Kumar Jain
Mr. Umesh Shringi with
Mr. Sharad Sharma
For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP
Mr. Manvendra Singh Shekhawat, PP
Mr. Sandeep Pathak
Mr. Ram Ratan Gurjar
Mr. Dharmendra
Mr. Rajesh Kumar Sain
Mr. Siddharth Bapna with
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Mr. Rahul Kumar
Mr. Anil Kumar Yadav with
Mr. Vikram Singh
Mr. Sameer Dinesh Kiradiya with
Mr. Mahatama Jain
Mr. Saurabh Aswal
Ms. Priyanka
Mr. Devendra Singh Kaswa
Mr. Akshay Bhardwaj with
Mr. Ajay Singh for
Mr. R.D. Rastogi for ED
Mr. R.S. Bhardwaj
HON’BLE MR. JUSTICE SAMEER JAIN
Judgment
29/07/2025
In the instant batch of petitions, primary dispute is civil in
nature, yet police authorities have intervened and in exercise of
their jurisdiction wrongfully have registered the FIRs in question
which is not tenable in law. In this regard, reliance is placed upon
judgment passed in Rikhab Birani & Anr. Vs. State of UP &
Anr.: SLP (Criminal) No. 8592/2024.
Considering the facts and circumstances of the cases, on
erstwhile occasion this Court appointed Mr. V. R. Bajwa, Senior
Counsel as amicus curiae to assist the Court. Mr. V. R. Bajwa,
Senior Counsel has submitted that the investigation should also
note as to whether any preliminary enquiry was conducted prior to
the registration of the complaints as per provisions of Section 223
of BNSS.
On the previous date, matters were heard at length and
State was directed to take appropriate action. In compliance of
the directions passed by this Court, Director General of Police, has
issued an instruction bearing No. 13874-958 dated 10.06.2025,
issuing guidelines and directions for registration/non-registration
of disputes which are prima facie civil in nature; the said
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instruction detailed guidelines as per the settled position of law.
Subsequently, a Circular/instructions was issued on 14.07.2025,
considering the rampant evasion of tax/revenue amount, by giving
by go down Rajasthan Stamp Act, 1988, Indian Stamps Act, 1961,
Income Tax Act, 1961, Registration Act, 1908, Transfer of Property
Act, 1882, Real Estate (Regulation and Development) Act, 2016
and the Prohibition of Benami Property Transactions Act, 1988.
In the instant matters, this Court also observes that FIRs
which are registered as per directions of the Court, should
specifically follow the mandate as given under Section 175(3) read
with Section 210 of BNSS in as much as appropriate enquiries,
consideration of material documents, nonetheless, the orders
should not be passed under Section 175(3) of BNSS in a
mechanical manner without application of mind.
In the facts and circumstances, after hearing the respective
sides, this Court is inclined to dispose of the present petitions with
a direction that if any interim order was granted, the same will
continue till the investigation is concluded as per
guidelines/instructions given by the above-referred Circulars.
It is also expected and directed that the petitioners shall join
investigation.
In above terms, present petitions are disposed of. Pending
applications, if any, shall stand disposed.
(SAMEER JAIN),J
Pooja /6-31 except 7,8,11,12,15,19,24
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