Disposed¶33

Setu Garg v. State of Rajasthan and Anr.

Rajasthan HC17 Apr 2026CRLMP/568/2015

Case brief

AI extract

What is this about?

Quashing petition under Section 482 Cr.P.C. refused; FIR No.522/2014, P.S. Kotwali, Jaipur (North); offences under Sections 420 and 406 IPC; petitioners Setu Garg and Preyshi Verma; respondent Dilipkumar Lalwani; State of Rajasthan; PP N.S. Dharka; interim order dated 06.02.2015 vacated; charge-sheet withheld since February 2015; prima facie involvement found by Investigating Officer; vague allegations; cognizable offence; petitions disposed of; Justice Anoop Kumar Dhand; CRLMP-568/2015; CRLMP-569/2015; decision date 17/04/2026.

What did the court decide?

Quashing of FIR No.522/2014 not granted; interim order dated 06.02.2015 stands vacated; stay applications and all pending applications, if any, stand disposed of; petitioners left free to urge their defences at trial. ¶33

Setu Garg Vs State of Rajasthan and Anr. — Cheating and Forgery | Rajasthan HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned FIR No.522/2014 registered at Police Station Kotwali, Jaipur (North) for offences under Sections 420 and 406 IPC should be quashed by these criminal miscellaneous petitions, the petitioners contending that only vague allegations were levelled against them assigning no specific role constituting any offence. +1 more

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Court's answer

The allegations levelled in the FIR reveal commission of a cognizable offence.

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Ratio / Principle

The correctness of FIR allegations cannot be examined or adjudged while exercising inherent jurisdiction under Section 482 Cr.P.C.; that task is assigned to the Investigating Officer, who investigated the matter from all four corners and found prima facie involvement of the petitioners in the alleged incident.

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Key takeaways

Submission of the charge-sheet against the petitioners was prevented solely by the interim order dated 06.02.2015 passed by this Court.ratio¶31
The FIR was not quashed; the petitioners are at liberty to take all the grounds and all available defences taken before this Court at the appropriate stage of the trial.ratio¶32
Both criminal miscellaneous petitions stand disposed of and the interim order dated 06.02.2015 stands vacated.

Detailed headnote1 paragraphs

High Court of Rajasthan, Jaipur Bench (Anoop Kumar Dhand, J.), 17/04/2026 - S.B. Criminal Miscellaneous (Petition) Nos. 568 & 569/2015 (common order): Setu Garg and Preyshi Verma sought quashing of FIR No.522/2014 of P.S. Kotwali, District Jaipur (North), for offences punishable under Sections 420 and 406 IPC, contending that only vague, non-specific allegations had been levelled against them. With no counsel appearing for the petitioners, the Court examined the petitions itself. It held that the allegations reveal commission of a cognizable offence; that the correctness of FIR allegations cannot be examined or adjudged while exercising inherent jurisdiction under Section 482 Cr.P.C., the task being assigned to the Investigating Officer, whose investigation found prima facie involvement of the petitioners; and that the charge-sheet could not be submitted only because of the interim order dated 06.02.2015. Both petitions were disposed of without quashing the FIR; the interim order dated 06.02.2015 stood vacated; stay and pending applications stood disposed of; and the petitioners remain at liberty to take all grounds and defences at the appropriate stage of trial.

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 568/2015

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Setu Garg w/o. Udit Vikram Singh, Age: 31 years, Indian Inhabitant Occupation: Household & Business, R/o. J-167, Gamma-2 Greater Noida, Gautam Buddh Nagar, Uttar Pradesh

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----Petitioner

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Versus

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State of Rajasthan Through Kotwali Police Station Jaipur. 2. Mr. Dilipkumar Lalwani S/o Late Shri. Gopaldas Lalwani Residing at Plot No 41, Kawar Nagar Brahmapuri, Jaipur.

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----Respondents

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Connected With

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S.B. Criminal Miscellaneous (Petition) No. 569/2015

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Preyshi Verma, W/o Satyendra Verma Age-29 yrs, Occupation - Housewife Residing at 83 A/70, Juhi Khurd, Hamirpur Road, Kanpurnagar Kanpur, Uttar Pradesh.

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----Petitioner

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Versus

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State of Rajasthan Through Kotwali Police Station Jaipur.

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Mr. Dilipkumar Lalwani S/o Late Shri. Gopaldas Lalwani Residing at Plot No 41, Kawar Nagar Brahmapuri, Jaipur.

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----Respondents

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For Petitioner(s) : None For Respondent(s) : Mr. N.S.Dharka-PP

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JUSTICE ANOOP KUMAR DHAND

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Order

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17/04/2026

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Since common questions of law and facts are involved in both these petitions, hence the same are being decided by this common order.

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(2 of 3) [CRLMP-568/2015]

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By way of filing these criminal misc. petitions, a prayer has been made to quash the impugned FIR No.522/2014 registered with the Police Station Kotwali, District Jaipur (North) for the offences punishable under Sections 420 and 406 IPC.

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The interim order is operating in both these petitions and more than eleven years have been passed thereafter and every time, time has been sought to defer these matters from one day to another.

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None present on behalf of the petitioners.

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Considering the facts and circumstances of the case, this Court deems it just and proper to look into the contents and grounds taken in both the petitions for challenging the validity of the impugned FIR.

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As per the grounds taken in these petitions, the petitioners have not committed any offence and they have no connection with the aforesaid incident if any occurred and no specific role has been assigned to them and general vague allegations have been levelled against them which do not constitute any offence as specified in the impugned FIR.

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Per contra, learned Public Prosecutor apprised this Court that during the course of investigation, prima facie case was found against the petitioners. Counsel further submits that the chargesheet could not be submitted on account of operation of the interim order in favour of the petitioners since February, 2015. Hence, under these circumstances, appropriate orders be passed.

¶28

Heard and considered the submissions made at Bar and perused the material available on record .

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[CRLMP-568/2015]

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(3 of 3)

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The allegations levelled in the FIR reveal commission of cognizable offence. The correctness of the allegations cannot be examined or adjudged by this Court while exercising its inherent jurisdiction under Section 482 Cr.P.C. Certainly, this task has been assigned to the Investigating Officer, who has thoroughly investigated the matter from all the four corners and found prima facie involvement of the petitioners in the alleged incident. The charge-sheet could not be submitted against the petitioners on account of interim order dated 06.02.2015 passed by this Court.

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In the considered opinion of this Court, the petitioners are at liberty to take all the grounds and all available defences, which have been taken before this Court at the appropriate stage of the trial.

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With the aforesaid observations, both criminal misc. petitions stand disposed of. The interim order dated 06.02.2015 passed by this Court stands vacated.

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Stay applications as well as all pending applications, if any, stand disposed of.

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(ANOOP KUMAR DHAND),J

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Ashu/75-76

Setu Garg v. State of Rajasthan and Anr.

Case brief

What is this about?

What did the court decide?

Setu Garg v. State of Rajasthan and Anr.

Case brief

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