Rajasthan High Court – Jaipur
Yakub Ali Son Of Subrati vs The State Of Rajasthan … on 28 July, 2025
Author: Sameer Jain
Bench: Sameer Jain
[2025:RJ-JP:28295]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 4101/2025
Yakub Ali Son Of Subrati, Aged About 24 Years, Resident Of
Village Piplai, Police Station Bamanwas, Sawai Madhopur. (Raj).
----Petitioner
Versus
1. The State Of Rajasthan, Through P.p.
2. Sadab Ali Son Of Shri Mahboob Ali, Aged About 28 Years,
Resident Of Sadar Bazar, Sawai Madhopur, Police Station
Kotwali, Sawai Madhopur, District Sawai Madhopur (Raj).
----Respondents
For Petitioner(s) : Mr. Girish Khandelwal
For Respondent(s) : Mr. M. S. Shekhawat, PP with
Mr. Rishi Raj Singh Khandelwal, PP
HON’BLE MR. JUSTICE SAMEER JAIN
Judgment
28/07/2025
Learned counsel for the petitioner has submitted that limited
role of the petitioner in the alleged incident is that he had
purchased illegal mobiles which were stolen by another person. It
is further submitted that qua the petitioner, the said mobile phone
is already recovered.
It is submitted by the learned Public Prosecutor that the
factual report suggests that in the present crime, the petitioner is
involved however, after conclusion of the investigation, role of the
petitioner will be surfaced, as to whether he is innocent or
otherwise.
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[2025:RJ-JP:28295] (2 of 2) [CRLMP-4101/2025]
At this juncture, learned counsel has submitted that an
opportunity be given to the petitioner to put-forth a representation
before the Investigating Officer.
Heard.
This Court in light of the ratio encapsulated in Sakiri Vasu
Vs. State of Uttar Pradesh [(2008) 2 SCC 409], and taking
note of the limited prayer made by the learned counsel for the
petitioner, directs the Investigating Officer to consider the
representation of the petitioner, if filed, strictly in accordance with
law. Investigating Officer is at liberty to draw conclusion as per his
wisdom and taking note of the material facts of the matter in
hand.
In light of the above terms, the present petition is disposed
of. Pending applications, if any, stand disposed of.
(SAMEER JAIN),J
Pooja /48
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