Shokeen S/O Nabi Khan vs State Of Rajasthan on 14 July, 2026

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    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

    SPONSORED

    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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