Rajasthan High Court – Jaipur
Victim vs State Of Rajasthan on 8 July, 2026
[2026:RJ-JP:25600]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No.7289/2022
URN: CRLMP / 12481U / 2022
1. Victim
2. Avdesh Kumar Chopra S/o Shri Shivji Lal Chopra, Aged
About 42 Years, Plot No. 99, Rajeev Vihar, Opposite Rajat
Path, Mansarovar, Jaipur.
----Petitioners
Versus
1. State Of Rajasthan Through P.P.
2. Surendra Choudhary S/o Ganesh Ram Jat, Aged About 30
Years, R/o Village Post Dooni, Tehsil Devli, District Tonk.
----Respondents
For Petitioner(s) : Mr. Manav Sharma &
Mr. Rhythm Sharma for
Mr. Ajatshatru Mina
For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP
Mr. Praveen Kumar Jain
JUSTICE ANOOP KUMAR DHAND
Order
08/07/2026
1. By way of filing the instant criminal misc. petition, a prayer
has been made for quashing the impugned FIR No.194/2022
registered at the Police Station Dooni, District Tonk for the
offences punishable under Sections 376(3), 376(2)(n), 450, 384,
354C, 354D, 354, 506, 323, 366, 342, 346 and 120B IPC and
under Sections 5, 6, 9, 10, 16 & 17 of the POCSO Act and under
Sections 66E, 67, 67A & 67B of Information and Technology Act,
2000.
2. Learned counsel for the petitioners submits that the
prosecutrix is a major lady of the age of 32 years and she is
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residing in live-in-relationship with the petitioner No.2. He submits
that even in her statement recorded under Section 164 Cr.P.C.,
she has not levelled any allegation against the petitioner No.2.
Hence, the proceedings arising out of the impugned FIR be
quashed.
3. Per contra, learned Public Prosecutor as well as learned
counsel for the complainant opposed the prayer made by learned
counsel for the petitioners.
4. Heard and considered the submissions made at the Bar and
perused the material available on record.
5. Perusal of the record indicates that the brother of the
prosecutrix has lodged impugned FIR against the petitioners,
wherein certain allegations have been levelled against the
petitioners. The allegations levelled in the FIR reveals commission
of cognizable offence. The correctness of the allegations levelled
against the petitioners in the FIR 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 petitioners, inasmuch as, this task has been assigned to the
Investigating Officer.
6. Considering overall facts and circumstances of the case, this
Court deems it just and proper to dispose of the instant criminal
misc. petition with the expectation from the Investigating Officer
to investigate the matter in light of the statement of the
prosecutrix recorded under Section 164 Cr.P.C. and thereafter
submit the conclusion report of investigation under Section 173
Cr.P.C. before the concerned Court.
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7. Accordingly, the instant criminal misc. petition stands
disposed of. The stay application and all pending applications, if
any, also stand disposed of.
8. The interim order dated 02.09.2022 passed by this Court
shall remain in currency till submission of the conclusion report
before the concerned Court.
(ANOOP KUMAR DHAND),J
4/Karan
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