Rajasthan High Court – Jaipur
Smt. Mohar Kaur W/O Shri Dharam Singh vs State Of Rajasthan on 13 July, 2026
[2026:RJ-JP:26200]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 4068/2024
URN: CRLMP / 8305U / 2024
Smt. Mohar Kaur W/o Shri Dharam Singh, R/o Peelwa, P.S.
Balghat, District Karauli, Rajasthan.
----Accused-Petitioner
Versus
1. State of Rajasthan, through P.P.
----Respondent
2. Smt. Kesula W/o Bail Singh Gurjar, R/o Peelwa, P.S.
Balghat, District Karauli, Rajasthan.
----Complainant-Respondents
For Petitioner(s) : Mr.R.R. Baisla
For Respondent(s) : Mr.Manvendra Singh Shekhawat, PP
JUSTICE ANOOP KUMAR DHAND
Order
13/07/2026
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
(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,
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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 F.I.R. No.154/2011,
registered at the Police Station Balghat, District Karauli for the
offences punishable under Sections 147, 148, 149, 323, 341 &
302 IPC.
4. It has been averred in the instant petition that after
investigation in the impugned F.I.R., charge-sheet was submitted
against the co-accused Rekh Singh, Udai Singh, Ramveer, Dharam
Singh & Bhagwan Singh for the offences punishable under
Sections 302/149, 307, 326/149, 324/149, 148, 323 & 341 IPC. It
has also been averred in the instant petition that all the above
accused persons were found guilty by the Court of the Additional
District & Sessions Judge No.2, Hindaun City, District Karauli and
they were sentenced to undergo life imprisonment.
5. It has been further averred in the instant petition that feeling
aggrieved by the aforesaid, all the co-accused persons approached
this Court by way of filing two different appeals, i.e., D.B. Criminal
Appeal Nos.211/2021 & 212/2021 and both the appeals were
allowed by the Division Bench of this Court vide judgment dated
19.07.2023 and all the aforesaid accused persons have been
acquitted of all the charges. Hence, a prayer has been made to
quash the entire proceedings arising out of the impugned F.I.R.
qua the petitioner as well.
6. Per contra, learned Public Prosecutor opposed the prayer
made by learned counsel for the petitioner.
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7. Heard and considered the submissions made at the Bar and
perused the material available on record.
8. Perusal of the record indicates that for the alleged incident
dated 17.08.2011, the impugned F.I.R. was registered with the
Police Station Balghat, District Karauli for the above stated
offences against eight accused persons, out of which the above
stated five co-accused persons were charge-sheeted by the
Investigating Agency and thereafter, convicted by the Trial Court.
However, they have been acquitted by the Division Bench of this
Court vide judgment dated 19.07.2023. Acquittal of the co-
accused persons cannot be treated as a ground for quashing of
the impugned F.I.R. against the co-accused, who in the instant
case is the petitioner, as the co-accused persons have been
acquitted on the basis of appreciation of the evidence led against
them by the prosecution.
9. 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 petitioner to submit an appropriate
representation before the concerned Investigating Officer. It is
expected from the Investigating Officer to consider the same and
submit the conclusion report of the investigation conducted so far,
qua the petitioner, under Section 173 Cr.P.C. before the
Competent Court, expeditiously in accordance with law.
10. Accordingly, the instant criminal misc. petition stands
disposed of. Stay application and all pending application(s), if any,
also stand disposed of.
(ANOOP KUMAR DHAND),J
Aayush Sharma/13
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