Disposed¶27

Gajendra Vyas S/O Ramavtar Vyas B/C Brahmin v. State of Rajasthan

Rajasthan HC13 Jul 2026CRLMP/2651/2019

Case brief

AI extract

What is this about?

CRLMP 2651/2019 Rajasthan HC Jaipur; FIR quashing Section 482 CrPC declined; cognizable offence; fishing and roving enquiry barred; Sections 420 and 406 IPC Kota City FIR No.17/2019; representation before Investigating Officer; conclusion report Section 173 CrPC; charge-sheet submitted - grounds before Trial Court; Gajendra Vyas v State of Rajasthan.

What did the court decide?

Liberty to the petitioner to file an appropriate representation before the Investigating Officer (who is expected to submit the Section 173 Cr.P.C. conclusion report); stay application and all pending applications stand disposed of. ¶27

Gajendra Vyas S/O Ramavtar Vyas B/C Brahmin Vs State… — Cheating and Forgery | Rajasthan HC (2026)

What the court decided

AI extract

Outcome

¶27

Issue for consideration

Whether the criminal miscellaneous petition seeking quashing of FIR No.17/2019 registered at Police Station Railway Colony, District Kota City, for offences punishable under Sections 420 and 406 IPC, should be allowed. +1 more

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Court's answer

A bare reading of the impugned FIR reveals commission of a cognizable offence.

¶21

Ratio / Principle

The correctness of the allegations levelled against the petitioner in the FIR cannot be examined by this Court while exercising its inherent powers contained under Section 482 Cr.P.C.

¶21

Key takeaways

This Court cannot conduct a fishing and roving enquiry to find out the truth behind the allegations levelled against the petitioner; that task is assigned to the Investigating Officer.ratio¶21
The petition is disposed of with liberty to the petitioner to file an appropriate representation before the Investigating Officer, who is expected to consider the same and submit the conclusion report of investigation under Section 173 Cr.P.C. before the Competent Court, strictly in accordance with law.ratio¶22

Detailed headnote1 paragraphs

Quashing of FIR refused - petition disposed with liberty. Gajendra Vyas moved under Section 482 Cr.P.C. to quash FIR No.17/2019 of Police Station Railway Colony, Kota City (offences under Sections 420 and 406 IPC), contending he had already deposited the alleged amount with the authorities. Justice Anoop Kumar Dhand (High Court of Rajasthan, Jaipur Bench, order dated 13/07/2026) held that a bare reading of the FIR revealed commission of a cognizable offence; the correctness of the FIR allegations cannot be examined while exercising inherent powers under Section 482 Cr.P.C., and the Court cannot conduct a fishing and roving enquiry, that task being assigned to the Investigating Officer. The petition was disposed of granting liberty to file an appropriate representation before the Investigating Officer, who is expected to submit the conclusion report of investigation under Section 173 Cr.P.C.; the order takes effect only if investigation is pending, otherwise the grounds may be urged before the Trial Court.

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[2026:RJ-JP:26262]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No.2651/2019 URN: CRLMP / 4684U / 2019

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Gajendra Vyas S/o Ramavtar Vyas, Aged About 48 Years, R/o Gali No.3, Near Shiv Mandir, Rangpur Road, Kota Junction, Kota, Through Sanchalak, Rajasthan Upper Primary School, Rajeev Nagar Kachchi Basti, Ganesh Nagar, Police Station Railway Colony, Kota.

¶5

----Petitioner

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Versus

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State Of Rajasthan-through Public Prosecutor

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Hanuman Prasad Meena S/o Kishan Lal Meena, Aged About 40 Years, R/o Khedli Phatak, Kota Junction, Bheemganj Mandi, Kota City, At Present Additional District Education Officer, Elementary Education, Head Quarter, Kota, Raj.

¶9

----Respondents

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For Petitioner(s)	: Ms.	Sushma Pareek for
	Ms.	Rekha Arora
For Respondent(s)	: Mr.	Manvendra Singh Shekhawat,PP

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JUSTICE ANOOP KUMAR DHAND

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Order

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13/07/2026

¶14

By way of filing the instant criminal misc. petition, a prayer has been made to quash the impugned FIR No.17/2019 registered at the Police Station Railway Colony, District Kota City for the offences punishable under Sections 420 and 406 IPC.

¶15

It has been averred in the instant petition that the petitioner has not committed any offence, but he has been falsely booked in the instant case on the basis of a false and fabricated story. It has also been averred in this petition that the petitioner has already

[2026:RJ-JP:26262]

[CRLMP-2651/2019]

(2 of 3)

deposited the alleged amount with the authorities concerned, hence, under these circumstances, the offence under Sections 420 & 406 IPC are not made out and the impugned FIR is liable to be quashed.

¶20

Per contra , learned Public Prosecutor opposed the prayer made in the instant misc. petition and submitted that after thorough investigation, a prima facie case was found to be proved against the petitioner, hence, interference of this Court is not warranted and the instant petition is liable to be rejected.

¶21

Heard and considered the submissions made at the Bar and perused the material available on record. 5. A bare reading of the impugned FIR reveals commission of cognizable offence. The correctness of the allegations levelled against the petitioner 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 petitioner, inasmuch as, this task has been assigned to the Investigating Officer.

¶22

Considering the overall facts and circumstances of the case, this Court deems it just and proper to dispose of the instant criminal misc. petition granting liberty to the petitioner to file an appropriate representation before the Investigating Officer. It is expected from the Investigating Officer to consider the same and submit the conclusion report of investigation under Section 173 Cr.P.C. before the Competent Court, strictly in accordance with law.

[2026:RJ-JP:26262]

[CRLMP-2651/2019]

(3 of 3)

This order has its effect only if the investigation is still lying pending and in case charge-sheet has already been submitted against the petitioner, then he would be at liberty to take all these grounds and the defence before the Trial Court at the appropriate stage of trial.

¶27

Accordingly, the instant criminal misc. petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of.

¶28

(ANOOP KUMAR DHAND),J

¶29

30/Karan

Gajendra Vyas S/O Ramavtar Vyas B/C Brahmin v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Gajendra Vyas S/O Ramavtar Vyas B/C Brahmin v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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