Rajasthan High Court – Jodhpur
Urn: Crlmp / 10013U / 2023Manvendra … vs State Of Rajasthan (2026:Rj-Jd:20836) on 28 April, 2026
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2026:RJ-JD:20836]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous (Petition) No. 4818/2023
Manvendra Singh Rathore @ Monu S/o Shri Bhagat Singh
Rathore, Aged About 25 Years, R/o In Garh Borunda, Borunda,
Jodhpur (Raj.)
----Petitioner
Versus
1. State of Rajasthan, through PP
2. Satyanarayan Agrvwal S/o Shri Kewal Chand, R/o Merta
City, Nagaur (Raj.)
----Respondents
For Petitioner(s) : Mr. Lakshya Singh Udawata
Mr. Chandan Singh Jodha
For Respondent(s) : Mr. Vikram Singh Rajpurohit, PP
Ms. Deepika Vyas
Mr. Sujana Ram, Inspector, SHO PS
Borunda
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
REPORTABLE
28/04/2026
1. The instant criminal misc. petition under Section 482 Cr.P.C.
has been filed on behalf of the accused petitioner seeking
quashing of FIR No.01/2023 registered at Police Station Borunda,
District Jodhpur Rural for offences punishable under Sections 447
and 427 of IPC.
2. Brief facts of the case are that on 02.01.2023, complainant
Satyanarayan, submitted a report at Police Station Borunda inter
alia alleging that he has a warehouse on Krishi Mandi Road,
Borunda. To the east of the warehouse, there is a public road. The
main-gate of the warehouse is also in the east side. In the west,
there is a public road. To the north is a warehouse owned by Anilji
Seriya, and to the south is Mangalaram’s warehouse. It is
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submitted in the report that he is the sole owner of the warehouse
and has been in possession of the same for the last 40 years and
using it for his own use without any restriction. The electricity bill
of the warehouse is being paid in the name of his son Omprakash.
It is alleged that on 20.12.2022, Monu, S/o Shri Bhagwat, Jeetu
Singh S/o Shri Pappu, along with 10-15 others, with intention of
taking possession of the warehouse, entered in the warehouse by
breaking its lock and vandalized it and illegally inscribed name of
Madhu Singh S/o Kishan Singh, on the outside of the warehouse.
On 30.12.2022, when he came to know about this, he went to his
warehouse and found Monu, Jeetu Singh, and 10-15 others there.
When he asked them about the vandalism and writing of names in
his warehouse, they openly threatened them that they would
forcibly occupy his warehouse. They also threatened to kill him.
On the basis of the report, the police has registered the impugned
FIR (No.01/2023) for offences under Sections 447 and 427 IPC.
3. Learned counsel for the petitioner submits that the impugned
FIR has been lodged with false, frivolous and baseless allegations
and as such same deserves to be quashed and set aside. He
submits that the petitioner has not committed any offence. He is
totally innocent, however, the complainant side in connivance with
the investigating agency, has falsely roped the accused petitioner
in this case. He contends that as a matter of fact, the complainant
has illegally encroached petitioner’s warehouse no.23, patta
whereof is issued in the name of grandfather of the petitioner. He
submits that thus, the petitioner is not a wrongdoer whereas
wrong has been committed with the petitioner by the complainant
side, who is actually having illegal possession over the petitioner’s
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warehouse. It is also contended that the complainant and
investigating agency are in hand in glove which is apparent from
the fact that during initial investigation, only bailable offences i.e.,
447 and 427 IPC are alleged to have been committed and the
accused petitioner was enlarged on bail by the police upon
furnishing bail bonds. However, later on, in order to make it a
non-bailable case, Section 136 of the Electricity Act has been
intentionally added to the FIR without any basis. In the FIR, there
has been no whisper regarding the alleged damage, removing and
theft of the electricity meter, installed at the disputed warehouse,
by the accused petitioner attracting offence punishable under
Section 136 of the Act. Further, in earlier investigation conducted
by IO Mr. Hararam, ASI, no offence under Section 136 of the Act
was found to be proved and no complaint was filed immediately by
any official of the Electricity Department regarding alleged theft of
electricity meter but surprisingly, statement of one Mr. Sushil
Kumar, employee of the electricity department was recorded as
late as on 25.07.2023 and offence for theft of electricity meter
under Section 136 of the Act has been added. Learned counsel for
the petitioner further argues that due to invocation of offence
under Section 136 of the Act, the present case has turned into a
non-bailable case and by effect whereof, investigating agency
itself cancelled the bail bonds previously accepted by it, and
therefore, the accused petitioner had to seek refuge before this
Court, wherein he has been granted relief from arrest by order
dated 24.08.2023. Learned counsel contends that even if the
allegations in the FIR are accepted as true on the face of it, no
offence under Section 136 of the Act is made out. He thus, prays
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that the instant criminal misc. petition may be accepted and the
impugned FIR may be directed to be quashed and set aside.
4. Per contra, learned Public Prosecutor and learned counsel for
the complainant oppose the submissions made by counsel for the
petitioner. Learned Public Prosecutor has submitted factual report
dated 27.04.2026. Same is taken on record. It is contended by
learned counsel for the complainant that though during earlier
investigation, no offence under Section 136 of the Act was found
proved but later on, in continuation of investigation, it was noticed
and therefore, same has been added. The petitioner has levelled
bald allegation against the complainant and investigating agency
of unfair and partial investigation. The investigating agency after
conducting detailed investigation in the matter, has opined that
offences under Sections 451, 427 IPC and 136 of the Electricity
Act have been found proved against the petitioner.
5. I have heard learned counsel for the parties and perused the
material available on record. I have also perused case diary,
brought by Shri Sujanaram, Inspector, SHO PS Borunda.
6. As per case diary, during investigation, it has been found
that the complainant has been in possession of disputed
warehouse (Plot No.23) since long whereas patta of the said plot
is issued in the name of Shri Madho Singh, grandfather of the
petitioner. Thus, there is a property dispute between the parties
and during investigation, it has come out that the accused
petitioner wanted to occupy his property from the complainant.
7. On going through the material available on record and the
case diary, it becomes crystal clear that at the time of alleged
incident, no charges or any other evidence pointing towards the
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theft of electricity or theft of electric equipment had been put
forward. Even the Electricity Department, which is the competent
authority for dealing with such matters, did not consider it proper
to file any FIR or initiate any case in this connection. Upon
analysis of the FIR, it is evident that it mentions only bailable
offences. It is to be noted that it was initially filed based on these
grounds alone. However, later on, Section 136 of the Electricity
Act has been added to the FIR which makes this case a non-
bailable. This Court does not find any substantial evidence or
support for adding offence under Section 136 of the Act. There is
no basis for charge under Section 136 of the Act. The meter
reader’s report, which was made one month later than when the
incident occurred, cannot in any manner support the invocation of
Section 136. This report was not immediate, credible or
corroborated. There were no records in evidence showing that
such a report was made immediately and no action was taken.
Normally, an action would have been taken if indeed there was an
act of tampering with the electric meter. Thus, in light of above,
the sequence of events strongly suggests that the addition of
Section 136 lacks bona fides and appears to have been employed
as a tool to unjustifiably curtail the liberty of the accused, rather
than as a consequence of any genuine evidentiary development.
8. Another significant matter of controversy emerging from the
instant petition is that if bail bonds are accepted once by the
investigating authority, whether they can thereafter be cancelled
by the investigating authority simply because serious offences,
which are non-bailable in nature, have been included during the
course of investigation.
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9. The Court feels that such an act would be completely
unjustifiable under any circumstances. Once bail bonds have been
accepted, the investigating authority or the police officer loses his
jurisdiction in that respect, and he cannot arrogate himself the
right to cancel bail bonds. Bail bonds are a matter of judicial
discretion and the only authority who is vested with such a power
is the court itself. The inclusion of graver or non-bailable crimes in
the process of investigation will not, per se, give the investigating
agency the power to revoke automatically the bail bonds posted
by the accused, which have already been accepted by the
investigating agency. If, in the opinion of the investigating agency,
due to subsequent events, the accused no longer has grounds for
staying out on bail, then the proper procedure to follow is to go to
the court having jurisdiction and file an appropriate application for
the revocation of the bail in accordance with law.
10. Granting the investigating agency the power to revoke
automatically the bail bond posted would not only violate legal
doctrines but would also confer judicial functions to an agency not
entitled to exercise judicial powers.
11. Accordingly, it is held that the investigating agency does not
have jurisdiction to rescind bail bonds after accepting them, and in
the event it resorts to such an act, it cannot be legally sustained.
The only thing it can do is to apply to the competent court for
revocation of bail by providing valid reasons.
12. Hence, in backdrop of the aforesaid discussion, I am of the
considered opinion that in order to secure ends of justice, it is a fit
case for exercise of this Court’s inherent powers under Section
482 Cr.P.C and to hold that the facts revealed from the FIR and
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case diary do not constitute offence under Section 136 of the Act
and they do not call for invocation/addition of the offence under
Section 136 of the Act. But bare perusal of the material available
on record including case diary, prima facie discloses commission of
cognizable offences and any interference at this stage would
amount to thwarting a legitimate investigation. The allegations
made in the FIR, prima facie disclose commission of cognizable
offences and cannot be said to be absurd or devoid of the
essential ingredients of the alleged offences and therefore, the
present case does not fall within any of the categories enumerated
by the Hon’ble Supreme Court in State of Haryana v. Bhajan Lal
: reported in 1990 INSC 363 warranting interference at the
threshold. Thus, except for offence under Section 136 of the Act, I
am not inclined to make out any comment with respect to prima
facie commission of cognizable offences, as came out during
investigation and proceedings in the impugned FIR for both such
offences may continue as per law.
13. Since, this Court has already held in foregoing paragraphs
that the Investigating Agency has no authority to cancel the bail
bonds submitted by the accused once accepted, therefore, bail
bonds earlier submitted by the petitioner shall remain in force.
14. The misc petition is thus, partly allowed. Stay application
and pending application(s) also stand(s) disposed of.
(ANIL KUMAR UPMAN),J
106/Sudhir
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