Rajasthan High Court – Jaipur
Shokeen S/O Nabi Khan vs State Of Rajasthan on 14 July, 2026
[2026:RJ-JP:26638]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No.6264/2022
URN: CRLMP / 10675U / 2022
1. Shokeen S/o Nabi Khan, Aged About 26 Years, R/o Village
Alapur, Tehsil And District Alwar (Rajasthan).
2. Bassi S/o Nabi Khan, Aged About 55 Years, R/o Village
Alapur, Tehsil And District Alwar (Rajasthan).
3. Saalim S/o Nabi Khan, Aged About 24 Years, R/o Village
Alapur, Tehsil And District Alwar (Rajasthan).
4. Jaibu W/o Saalim, Aged About 22 Years, R/o Village
Alapur, Tehsil And District Alwar (Rajasthan).
----Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Director General Of Police Of Rajasthan, Police Head
Quarters, Lal Kothi, Tonk Road, Jaipur.
----Respondents
For Petitioner(s) : None present
For Respondent(s) : Mr. N.S. Dhakar, PP
JUSTICE ANOOP KUMAR DHAND
Order
14/07/2026
1. By way of filing the instant criminal misc. petition, two
alternative prayers have been made; one for quashing the
impugned FIR No.397/2022 registered at the Police Station
Udhyog Nagar, District Alwar for the offences punishable under
Sections 363, 366-A, 342, 313, 506 and 376DA IPC and Sections
5g and 6 of the POCSO Act and; the other prayer for issuing
directions to the respondent No.2 for conducting fair and impartial
investigation of the impugned FIR.
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2. It has been averred in the instant petition that no offence
whatsoever has been committed by the petitioners and they have
been falsely implicated in the instant case only with a view to
harass and cause loss to them. It has also been averred in the
instant petition that before approaching this Court, the petitioners
had previously approached the police authorities for making fair
and impartial investigation to reveal the truth behind the entire
incident, but no heed has been paid to the grievances, hence,
under these circumstances, they have approached this Court by
way of filing the instant criminal misc. petition with the above two
prayers.
3. Per contra, learned Public Prosecutor opposed the prayer
made in the instant criminal misc. petition.
4. Heard and considered the submissions made at the Bar and
perused the material on record.
5. Perusal of the impugned FIR and the allegations levelled
therein reveals commission of cognizable offence. The correctness
of the allegations cannot be examined by this Court while
exercising its inherent powers contained under Section 482 Cr.P.C.
This Court cannot conduct fishing and roving enquiry to find out
the truth behind the allegations levelled against the petitioner.
Certainly, this task has been assigned to the Investigating Officer.
Hence, this Court does not find any valid reason to quash the
impugned FIR.
6. The alternative prayer has been made by the petitioners for
issuing directions to the Investigating Officer i.e. respondent No.2
for conducting fair and impartial investigation to reveal the truth,
this Court deems it just and proper to dispose of the instant
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criminal misc. 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.
7. This order has its effect only if the investigation is lying
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.
8. Accordingly, the instant criminal misc. petition stands
disposed of. The stay application and all pending applications, if
any, also stand disposed of.
(ANOOP KUMAR DHAND),J
1/Karan
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