Rajasthan High Court – Jaipur
Lokesh S/O Shiv Prasad vs State Of Rajasthan on 20 July, 2026
[2026:RJ-JP:27703]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No.3252/2021
URN: CRLMP / 5990U / 2021
1. Lokesh S/o Shiv Prasad, Aged About 34 Years, Resident
Of R/o Flat No. S-02, Plot No. S-183-184, Mahaveer
Nagar, Tonk Road, Jaipur (Raj.)-302018
2. Shiv Prasad S/o Ram Sharan Lal, Aged About 76 Years,
Resident Of R/o Flat No. S-02, Plot No. S-183-184,
Mahaveer Nagar, Tonk Road, Jaipur (Raj.)-302018
3. Ramdevi W/o Shiv Prasad Goyal, Aged About 72 Years,
Resident Of R/o Flat No. S-02, Plot No. S-183-184,
Mahaveer Nagar, Tonk Road, Jaipur (Raj.)-302018
----Petitioners
Versus
1. State Of Rajasthan through Pp
2. Om Prakash S/o Babulal, Aged About 70 Years, R/o
Behind Adarsh Middle School, P.S. Deeg, Distt Bharatpur
321203 (Raj.)
----Respondents
For Petitioner(s) : Mr. Rajeev Surana, Sr. Advocate
assisted by Ms. Muskan Verma
For Respondent(s) : Mr. Narendra Singh Dhakar, PP
Mr. Jaswant Singh &
Mr. Namo Narayan Meena for
Mr. Harendra Singh
Mr. Heera Lal Meena, SHO,
Police Station Deeg, present in person
JUSTICE ANOOP KUMAR DHAND
Order
20/07/2026
1. The instant misc. petition is listed before this Court in
pursuance of the directions issued by the Hon’ble Apex Court in
the case of Vijay Kumar and Ors. Vs. State of Rajasthan
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(Petition for Special Leave to Appeal (Crl.) No. 773/2026, decided
on 15.01.2026), wherein the Hon’ble Apex Court observed that in
various matters, interim orders have been passed in criminal
revision petitions and petitions filed under Section 482 Cr.P.C., as
a result of which trial relating to serious offences such as murder,
rape, dacoity, dowry death, etc., could not proceed and remained
stalled/held up due to the passage of considerable time.
2. Directions have been issued to this Court and other High
Courts to take up such like matters which are pending since long,
on priority and decide the same expeditiously without deferring
the hearings to subsequent dates.
3. By way of filing the instant criminal misc. petition, a prayer
has been made to quash the impugned FIR No.236/2021
registered at the Police Station Deeg, District Bharatpur, for the
offences punishable under Sections 420, 376, 406 and 120B IPC
and Section 3 & 4 of the Dowry Prohibition Act, 1961.
4. Learned counsel for the petitioners submits that the
marriage of the petitioner No.1 was fixed with the complainant’s
daughter and prior to fixing of their marriage, the prosecutrix
admitted that she was in relationship with her brother-in-law.
Learned counsel submits that, under these circumstances, the
alliance broke down and the marriage was not solemnised. He
submits that later on, a false story was concocted, wherein false
allegations have been levelled against the petitioners. Learned
counsel submits that the instant matter was investigated by the
Investigating Officer and a factual report dated 12.07.2021 was
submitted before this Court, wherein no case was found to be
proved against the petitioners and relying upon the aforesaid
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factual report, which was prepared by the concerned Investigating
Officer, an interim order was passed by this Court on 12.11.2021
by which further investigation of the impugned FIR was stayed.
5. Learned counsel for the petitioners submits that, in case, any
investigation done after passing of the interim order by this Court,
the said investigation has no legal bearing, as no prior permission
was sought from this Court for conducting further investigation,
hence, interference of this Court is warranted and the instant
petition is liable to be allowed.
6. Per contra, learned Public Prosecutor as well as counsel
appearing on behalf of the complainant opposed the prayer made
by learned counsel for the petitioners and submitted that correct
facts were not brought into the notice of this Court. In fact after
preparation of the first factual report dated 12.07.2021 by the
earlier Investigating Officer, again the matter was further
investigated and on 21.09.2021, a prima facie case was found to
be proved against the petitioners. But these facts were not
brought into the notice of this Court on the fateful day when the
case was listed on 12.11.2021. They further submit that on
12.11.2021, when the case was listed, notices were issued for the
first time on the said day and further proceedings of the impugned
FIR were stayed, but prior to that involvement of the petitioners
was found to be proved on 21.09.2021, hence, interference of this
Court is not warranted.
7. Heard and considered the submissions made at the Bar and
perused the material available on record.
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8. This Court vide order dated 13.04.2026 directed the ld.
Public Prosecutor to instruct the Investigating Officer to remain
present before this Court.
9. Pursuant to the aforesaid order passed by this Court on
13.04.2026, the Investigating Officer has put appearance in
person along-with the case diary.
10. This Court has perused the case diary dated 21.09.2021,
which indicates that on earlier occasion, the Investigating Officer
is of the opinion that offence under Section 376 IPC is not made
out, but when the matter was further investigated and the
statements submitted by the prosecutrix were reconsidered along-
with other evidence available on the record, a prima facie case
was found to be proved against the petitioners under Sections
420, 406 and 376 IPC read with Section 3 and 4 of the Dowry
Prohibition Act, 1961.
11. This Court has perused the contents of the impugned FIR
and the allegations mentioned therein, which reveals commission
of cognizable offence. The correctness of the allegations cannot be
examined by this Court by meticulous examination of the evidence
available on the record, as this task has been assigned to the
Investigating Officer.
12. Considering the overall facts and circumstances of the case,
this Court deems it just and proper to dispose of the instant
petition, granting liberty to the petitioners to file an appropriate
representation before the Investigating Officer. It is expected from
the Investigating Officer to consider the same and submit the
conclusion report of investigation under Section 173 Cr.P.C. before
the Competent Court, strictly in accordance with law.
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13. This order has its effect only if the investigation is still
pending and in case charge-sheet has already been submitted
against the petitioners, then they would be at liberty to take all
these grounds and the defence before the Trial Court, at the
appropriate stage of the trial.
14. Accordingly, the instant criminal misc. petition stands
disposed of. The stay application and all pending applications, if
any, also stand disposed of.
15. In consequence thereof, the interim order dated 12.11.2021
stands vacated.
(ANOOP KUMAR DHAND),J
10/Karan
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