Keshav Kumar Sharma S/O Manoj Kumar Sharma Vs State of Rajasthan

By way of filing this criminal misc. petition, a prayer has been made for quashing of the impugned F.I.R. No.126/2024 registered at the Police Station Shastrinagar, District Jaipur (North) for the offences under Sections 420, 467, 468, 471 & 120B of the IPC.

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Learned counsel for the petitioner submits that though the petitioner has been impleaded as an accused in fact, he is a victim, who has been cheated by the person, who posted an advertisement on social media for getting applications from the persons willing and wishing to pass Class-X and Class-XII from the authorised open secondary board. Counsel submits that relying upon such information so furnished by the aforesaid person, the petitioner submitted relevant application and passed the course of Class-X. Counsel submits that even an RTI application was

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[2025:RJ-JP:47225]

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[CRLMP-6406/2025]

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(2 of 3)

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submitted by the petitioner to Jammu and Kashmir State Open School to ascertain the genuineness of the educational certificates issued to him and he has got the answer from the concerned Open School, which indicates that the educational certificate of the petitioner is genuine, hence, under these circumstances, no offence is made out against the petitioner and the impugned F.I.R. qua the petitioner is liable to be quashed.

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Per contra , learned Public Prosecutor opposed the arguments raised by counsel for the petitioner and submitted that it has been verified by the Investigating Agency that the documents so possessed by the petitioner were found to be fabricated and the allegations levelled in the impugned F.I.R. reveal commission of a cognizable offence, hence, the matter is required to be investigated.

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Heard and considered the submissions made at the Bar and perused the material available on record. 5. This Court while exercising its powers contained under Section 528 B.N.S.S. cannot adjudicate the correctness and genuniness of the allegations levelled in the impugned F.I.R. against the accused persons. It is certainly the task of the Investigating Officer to conduct a thorough investigation and find the truth.

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The petitioner would be at liberty to submit an appropriate representation before the Investigating Officer with the documents in support of his contentions, who shall examine the same strictly in accordance with law.

[2025:RJ-JP:47225]

[CRLMP-6406/2025]

(3 of 3)

In case, the Investigating Officer comes to the conclusion that any cognizable offence is made out against the petitioner, he would issue notice under Section 35 of BNSS to the petitioner.

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With the aforesaid observation, the petiton is hereby rejected. Stay application and all pending application(s), if any, also stand disposed of.

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(ANOOP KUMAR DHAND),J

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Aayush Sharma /35

Keshav Kumar Sharma S/O Manoj Kumar Sharma v. State of Rajasthan

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Keshav Kumar Sharma S/O Manoj Kumar Sharma v. State of Rajasthan

Case brief

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