Dismissed¶23

Omwati D/O Late Shri Gopi Singh v. State of Rajasthan

Rajasthan HC15 Apr 2026CRLMP/1081/2020

Case brief

AI extract

What is this about?

Quashing petition under S.482 Cr.P.C. dismissed; FIR No. 07/2020, P.S. Kotwali (Dausa), Ss. 420/467/468/471/120B IPC, held to disclose a cognizable offence not examinable in inherent jurisdiction once charge-sheet filed (13.12.2022, CJM Dausa) and trial proceeding. Keywords: inherent jurisdiction, cognizable offence, charge-sheet submitted, trial proceeding, forgery/cheating IPC, Omwati v. State of Rajasthan, Rajasthan HC Jaipur, Justice Anoop Kumar Dhand, 2026, CRLMP 1081/2020.

What did the court decide?

No relief; petition rejected. Petitioner left at liberty to take up all grounds and defences before the Trial Court at the appropriate stage of trial. Stay application and all pending applications stand disposed of; the factual report dated 13.08.2025 furnished by SHO, P.S. Kotwali (Dausa) is ordered retained on record. ¶23

Omwati D/O Late Shri Gopi Singh Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2026)

What the court decided

AI extract

Outcome

¶23

Issue for consideration

Whether FIR No. 07/2020, Police Station Kotwali (Dausa), registered for offences under Sections 420, 467, 468, 471 & 120B IPC against the petitioner, could be quashed and set aside by the High Court in exercise of its inherent jurisdiction under Section 482 Cr.P.C.

¶15

Court's answer

Bare perusal of the impugned FIR together with the allegations levelled therein reveals commission of a cognizable offence, the correctness of which cannot be examined or adjudicated by this Court while exercising its inherent jurisdiction under Section 482 Cr.P.C.

¶22

Ratio / Principle

Examination of the FIR's correctness is a task assigned to the Investigating Officer, who has already investigated the matter, found prima facie involvement of the petitioner, and submitted the charge-sheet before the Court of the Chief Judicial Magistrate, Dausa in 2022, with the trial proceeding against the petitioner.

¶22

Key takeaways

The Court was not inclined to accept the instant petition and rejected it; however, the petitioner would be at liberty to take up all the grounds and defences taken before this Court at the appropriate stage of trial before the Trial Court.ratio¶23

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), S.B. Criminal Miscellaneous (Petition) No. 1081/2020, decided 15/04/2026 by Justice Anoop Kumar Dhand: Petition under Section 482 Cr.P.C. by Omwati seeking quashing of FIR No. 07/2020 of P.S. Kotwali (Dausa) registered under Sections 420, 467, 468, 471 & 120B IPC, alleging forgery in relation to educational documents used for her 1991 Constable appointment; the petitioner claimed she forged nothing, that an inquiry found her documents genuine, yet she was removed from service on 13.03.2019. Holding: bare perusal of the FIR reveals commission of a cognizable offence whose correctness cannot be adjudicated under the Court's inherent jurisdiction under Section 482 Cr.P.C., particularly as investigation is complete with a charge-sheet filed on 13.12.2022 before the CJM, Dausa and trial underway; the petition was accordingly rejected/dismissed, with liberty to the petitioner to urge all grounds and defences before the Trial Court at the appropriate stage; stay and pending applications were disposed of and the SHO's factual report dated 13.08.2025 was retained on record.

¶1

[2026:RJ-JP:15561]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 1081/2020

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Omwati D/o Late Shri Gopi Singh, Aged About 47 Years, R/o Madhuvan Vihar Colony, Sethel Road, Distt. Dausa (Raj.)

¶5

----Petitioner

¶6

Versus

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1. State of Rajasthan, through Its Principal Secretary, Department of Home, Secretariat, Jaipur

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1. The Director General of Police, Govt. Of Rajasthan, Police Head Quarter, Jaipur

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1. The Superintendent of Police, District Dausa (Raj.)

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----Respondents

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For Petitioner(s)	: Nonepresent
For Respondent(s)	: Mr. Jitendra Singh Rathore,PP

¶12

JUSTICE ANOOP KUMAR DHAND

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Order

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15/04/2026

¶15

By way of filing the instant petition a challenged has been made to the impugned FIR No. 07/2020, registered with Police Station Kotwali (Dausa), District Dausa for the offences punishable under Sections 420, 467, 468, 471 & 120B IPC.

¶16

As per the averments made and grounds taken in the instant petition, the petitioner has not committed any offence whatsoever. She was appointed to the post of Constable in the year 1991 on the basis of her educational documents and thereafter, she acquired qualification of graduation and post-graduation. She has not forged any documents and inspite of the above, the instant impugned FIR with false averments has been registered against the petitioner and she has been removed from service on

[2026:RJ-JP:15561]

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13.03.2019. It has been averred that an inquiry was conducted against the petitioner whereby the documents were found to be genuine, hence, the impugned FIR is not sustainable in the eyes of law and is liable to be quashed and set aside.

¶21

Per contra, learned Public Prosecutor opposed the prayer and submitted that after thorough investigation in the instant matter the Investigating Officer has found prima facie case proved against the petitioner for the above stated offences and accordingly, charge-sheet has already been submitted against her on 13.12.2022 before the Court of the Chief Judicial Magistrate, Dausa and the trial is proceeding against the petitioner. Hence, interference of this Court is not warranted and the instant petition is liable to be rejected.

¶22

Heard and considered the submissions made at the Bar and perused the material available on record. 5. Bare perusal of the impugned FIR and the allegations levelled therein reveals commission of cognizable offence and the correctness of the same cannot be examined/adjudicated by this Court while exercising its inherent jurisdiction contained under Section 482 Cr.P.C. Certainly, this task has been assigned to the Investigating Officer who has already investigated the matter and found prima facie involvement of the petitioner and submitted charge-sheet against her before the Court of the Chief Judicial Magistrate, Dausa way back in the year 2022 and the trial is proceeding against the petitioner.

¶23

Hence, under these circumstances, this Court is not inclined to accept the instant petition, and the same is rejected. However, the petitioner would be at liberty to take up all the grounds and

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defences which have been taken before this Court at the appropriate stage of trial before the Trial Court.

¶28

With the aforesaid observation and direction, the instant petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of. 8. The factual report dated 13.08.2025 furnished by SHO, Police Station Kotwali(Dausa), District Dausa is ordered to be retained on record.

¶29

(ANOOP KUMAR DHAND),J

¶30

Shivam-Puneet/31

Omwati D/O Late Shri Gopi Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Omwati D/O Late Shri Gopi Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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