Kamal Chand Sharma S/O Late Phool Chand, Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

Kamal Chand Sharma S/O Late Phool Chand, Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer for quashing of the F.I.R. not entertained; petition disposed of with observations/directions, granting the petitioners liberty to move an appropriate representation along-with supporting documents before the Investigating Officer, who shall examine it strictly in accordance with law; stay application and all pending application(s), if any, also stand disposed of.

Issue for consideration

Whether the impugned F.I.R. No.363/2024 registered with Police Station Niwai, District Tonk under Sections 331(6), 115(2) & 3(5) of BNS, 2023 ought to be quashed. +1 more

Court's answer

The petitioners are at liberty to move an appropriate representation along-with supporting documents before the Investigating Officer, who shall examine the contents of the same strictly in accordance with law; with these observations/directions the criminal misc. petition stands disposed of.

Ratio / Principle

At this stage, while exercising its inherent powers contained under Section 528 of B.N.S.S., this Court cannot examine the correctness and genuineness of the allegations levelled by the parties against each other.

Key takeaways

The contents of the F.I.R. reveal commission of a cognizable offence by the petitioners, and investigating the same is a task assigned to the Investigating Agency.ratio¶21

Detailed headnote1 paragraphs

Criminal Miscellaneous Petition — quashing of F.I.R. No.363/2024, Police Station Niwai, District Tonk, under Sections 331(6), 115(2) & 3(5) of BNS, 2023 — dispute over subject land where civil suit pending before Court of Sub-Divisional Officer, Niwai with interim status quo order dated 30.01.2024, and cross-cases between parties alleged — HELD, while exercising inherent powers under Section 528 of B.N.S.S., the Court cannot at this stage examine the correctness and genuineness of the allegations levelled by the parties against each other; the contents of the F.I.R. reveal commission of a cognizable offence by the petitioners, whose investigation is a task assigned to the Investigating Agency — petitioners at liberty to move appropriate representation along-with supporting documents before the Investigating Officer, to be examined strictly in accordance with law — petition disposed of (Anoop Kumar Dhand, J., 14/11/2025).

[2025:RJ-JP:45867]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 6456/2024

Kamal Chand Sharma S/o Late Phool Chand, Aged About 51 Years, R/o Petrol Pump Ke Saamne Balaji Mandir Ki Gali, Jamat Newai, District Tonk, Pin.

Meera Devi Wife Of Kamal Chand Sharma, Aged About 46 Years, R/o Petrol Pump Ke Saamne Balaji Mandir Ki Gali, Jamat Newai, District Tonk , Pin.

----Petitioners

Versus

State Of Rajasthan, Through Public Prosecutor. 2. Chhota Devi Wife Of Late Mahaveer Prasad Sharma, Aged About 48 Years, R/o Petrol Pump Ke Saamne Balaji Mandir Ki Gali, Jamat Newai, District Tonk, Pin.

----Respondents

For Petitioner(s)	: Mr.Mitul Jain
For Respondent(s)	: Mr.Amit Punia, PP
	Mr.Parth Sharma for
	Mr.Sudhir Jain

JUSTICE ANOOP KUMAR DHAND

Order

14/11/2025

By way of filing this criminal misc. petition, a prayer has been made for quashing of the F.I.R. No.363/2024 registered with Police Station Niwai, District Tonk under Sections 331(6), 115(2) & 3(5) of BNS, 2023.

Learned counsel for the petitioners submits that a civil suit with regard to the subject land is pending before the Court of SubDivisional Officer, Niwai, wherein an interim order has been passed on 30.01.2024 by which the parties have been directed to maintain status quo of the site and revenue records.

[2025:RJ-JP:45867]

[CRLMP-6456/2024]

(2 of 3)

Learned counsel for the petitioners submits that in violation of the aforesaid order, the complainant party wanted to take forceful possession and when objection was raised by the petitioners, the impugned F.I.R. has been registered with false allegations. Counsel submits that cross-cases have been registered between the parties, hence, under these circumstances, the impugned F.I.R. registered against the petitioners be quashed.

Per contra, learned Public Prosecutor as well as counsel appearing on behalf of the complainant submitted that the place of incident in the impugned F.I.R. is altogether different from the subject land, which is under dispute before the Revenue Court. Counsel submits that the contents of the impugned F.I.R. reveal commission of a cognizable offence by the petitioners and the same is required to be investigated by the Investigating Agency, hence interference of this Court is not warranted.

Having heard counsel for the parties, this Court at this stage while exercising its inherent powers contained under Section 528 of B.N.S.S. cannot examine the correctness and genuineness of the allegations levelled by the parties against each other. The contents of the F.I.R. reveal commission of a cognizable offence by the petitioners and it is a task assigned to the Investigating Agency to investigate the same.

However, the petitioners would be at liberty to move appropriate representation along-with supporting documents before the Investigating Officer, who shall examine the contents of the same strictly in accordance with law.

(3 of 3)

[2025:RJ-JP:45867]

[CRLMP-6456/2024]

With the aforesaid observations/directions, the instant

criminal misc. petition stands disposed of. The stay application and all pending application(s), if any, also stand disposed of.

(ANOOP KUMAR DHAND),J

Aayush Sharma /8