Jainarayan Gurjar S/O Khaju Gurjar Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

Jainarayan Gurjar S/O Khaju Gurjar Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of; in light of the directions in Sakiri Vasu v. State of Uttar Pradesh [(2008) 2 SCC 409], both parties directed to appear before the concerned authority on 28.07.2025 (11.00 AM and 12:00 AM respectively) for audience and an appropriate decision strictly in accordance with law; filing of the petition expressly declared not to prejudice either party; pending applications disposed.

Issue for consideration

Whether FIR No.0102/2005 dated 19.05.2025 registered at Police Station Phagi, District Jaipur Rural, and the consequential proceedings therein, should be quashed.

Court's answer

In light of the directions encapsulated in Sakiri Vasu v. State of Uttar Pradesh, the Court directed both parties to mark their presence before the concerned authority on 28.07.2025 at 11.00 AM and 12:00 AM respectively, where the authority shall give audience to the parties and take an appropriate decision strictly in accordance with law.

Ratio / Principle

Filing of the present petition will not prejudice the case of the respective parties.

Key takeaways

The Court expressed the expectation that the investigation be carried out in a fair and expeditious manner, in accordance with law.obiter¶24
Pending applications, if any, shall stand disposed of.obiter¶26

Detailed headnote1 paragraphs

S.B. Criminal Miscellaneous (Petition) No. 3710/2025, High Court of Judicature for Rajasthan, Jaipur Bench ([2025:RJ-JP:26074]), Justice Sameer Jain, decided 14/07/2025. Three petitioners (Jainarayan Gurjar, Mohan Chaudhary, Prem Devi) sought quashing of FIR No.0102/2005 dated 19.05.2025 of Police Station Phagi, District Jaipur Rural, registered for offences under Sections 331(6), 115(2), 126(2), 74, 3(5) of BNS, and consequential proceedings therein, against the State of Rajasthan and respondent-complainant Banwari Lal Gurjar. Counsel submitted that the parties are neighbours and distant relatives, that the petitioners had also lodged an FIR against the respondent-complainant, and that both FIRs were lodged with a concocted story, and then prayed for liberty to file a representation before the competent authority. Acting in light of the directions encapsulated in Sakiri Vasu v. State of Uttar Pradesh, (2008) 2 SCC 409, the Court disposed of the petition, directing both parties to mark presence before the concerned authority on 28.07.2025 at 11.00 AM and 12:00 AM for audience and an appropriate decision strictly in accordance with law; it expected the investigation to be fair and expeditious; clarified that filing of the petition would not prejudice either party; and disposed of pending applications.

[2025:RJ-JP:26074]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 3710/2025

Jainarayan Gurjar S/o Khaju Gurjar, Aged About 28 Years, R/o Village Kala Ki Dhani, Tehsil Phagi, District Jaipur Rural, 303009, Rajasthan, India.

Mohan Chaudhary S/o Kana Ram Jaat, Aged About 23 Years, R/o Dev Nagar, Kala Ki Dhani, Ladana, Tehsil Phagi, District Jaipur Rural, Rajasthan, India.

Prem Devi W/o Khaju Gurjar, Aged About 65 Years, R/o Village Kala Ki Dhani, Ladana, Tehsil Phagi, District Jaipur Rural, 303009 Rajasthan, India.

----Petitioners

Versus

State Of Rajasthan, through PP

Banwari Lal Gurjar S/o Pokharmal Gurjar, R/o Kala Ki Dhani, Ladana, Tehsil Phagi, District Jaipur Rural, 303009, Rajasthan, India.

----Respondents

For Petitioner(s)	: Mr. Tejaswi Sharma, Adv.with
	Ms. Monika Kukereja, Adv.
For State	: Mr. M.S. Shekhawat, PP
For Complainant(s)	: Ms. Harshita Sharma, Adv.

HON'BLE MR. JUSTICE SAMEER JAIN

Judgment

14/07/2025

The present petition is filed for quashing of FIR No.0102/2005, dated 19.05.2025, registered at Police Station Phagi, District Jaipur Rural for offences under Sections 331(6), 115(2), 126(2), 74, 3(5) of BNS and consequential proceedings therein.

Learned counsel for the parties have submitted that parties herein are neighbours and distant relatives. It is submitted that

(2 of 2)

[2025:RJ-JP:26074]

[CRLMP-3710/2025]

the petitioners have also lodged an FIR against the respondentcomplainant. It is submitted that both the FIR’s are lodged with a concocted story.

After arguing for a while, learned counsel for the parties have prayed for a liberty to file a representation before the competent authority and same be considered efficaciously by the concerned authority.

Considering the foregoing facts and circumstance of the case, this Court in light of the directions encapsulated in Sakiri Vasu Vs. State of Uttar Pradesh [(2008) 2 SCC 409], directs that on 28.07.2025 at 11.00 AM and 12:00 AM respectively, both the parties shall mark their presence before concerned authority who shall give audience to the parties and take appropriate decision, strictly in accordance with law.

It is expected that the investigation be carried out in a fair and expeditious manner, in accordance with law.

Accordingly, the present petition is disposed of. It is made clear that filing of present petition will not prejudice the case of the respective parties.

Pending applications, if any, shall stand disposed of.

(SAMEER JAIN),J

CHANDAN /32