Jai Prakash Jain Vs State of Rajasthan and Ors.

Since common questions of law and facts are involved in both the instant criminal misc. petitions and both of them are arising out of the same impugned FIR No.297/1995 registered at

¶23

(2 of 3) [CRLMP-6177/2016]

¶24

the Police Station Naya Pura, District Kota, hence, with the consent of counsel for the parties, they are heard and taken up together for final disposal and are being decided by this common order.

¶25

For convenience, the prayer mentioned in S.B. Criminal Misc. Petition No.6177/2016 has been taken into consideration:

¶26

“Hence, this Criminal Miscellaneous Petition is presented before this Hon’ble Court for quashing of FIR No.297/1995 qua Petitioner Jai Prakash Jain, registered at P.S. Naya Pura Kota. It is further requested that Respondents may kindly be directed not to file ChargeSheet in concerned court and not to take any forcible steps against the Petitioner Jai Prakash Jain till final disposal of the main petition.”

¶27

Multiple prayers have been made for issuing directions to the respondents to not to file the charge-sheet and not to take any forcible steps against the petitioner and quash the proceedings of the impugned FIR No.297/1995 registered with the Police Station Naya Pura, District Kota for the offences under Sections 420 467, 468 & 471 IPC qua the petitioner.

¶28

At the outset, learned Public Prosecutor apprised this Court that the charge-sheet has already been submitted against the petitioners for the above stated offences way-back in the year 1996 before the court of Additional Chief Judicial Magistrate No.5, Kota.

¶29

Perusal of the contents of the FIR reveals commission of a cognizable offence. It is settled proposition of law that if the allegations levelled in the FIR reveal commission of cognizable

¶30

[CRLMP-6177/2016]

¶31

(3 of 3)

¶32

offence, then this Court cannot interfere with the course of investigation done by the Investigating Agency.

¶33

It is pertinent to note here that the incident pertains to the year 1995, charge-sheet has already been submitted against the petitioner in the year 1996 and the petitioner has approached this Court after a lapse of more than 20 years in the year 2016 and thereafter, 10 years have also passed before this Court and no steps have been taken to argue the matter, meaning thereby more than 30 years have passed after filing of the charge-sheet against the petitioner.

¶34

Considering overall facts and circumstances of the case, this Court deems it just and proper to dispose of the instant criminal misc. petitions, granting liberty to the petitioners to make appropriate submissions at the appropriate stage of the trial with regard to the grounds taken before this Court in the instant petition and in support of his defence.

¶35

Needless to observe that, the trial court would make all possible endeavours to expedite the trial, which is pending before it since last more than two decades.

¶36

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

¶37

(ANOOP KUMAR DHAND),J

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Karan/11-12

Jai Prakash Jain v. State of Rajasthan and Ors.

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Jai Prakash Jain v. State of Rajasthan and Ors.

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