Pawan Kumar Jain v. State Of Rajasthan, Through P.p

2. Versus State Of Rajasthan, Through P.p. Deepak Maheshwari S/o Badri Prasad, Aged About 50 Years, R/o 01/262, Housing Board, Madanganj- Kishangarh, Dist. Ajmer (Raj). ----Respondents For Petitioner(s) : None Present For Respondent(s)

: Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 25/09/2025

Petitioner filed instant misc. petition under Section 482 Cr.PC (now Section 528 of BNS, 2023) on 04.01.2022, for quashing of FIR No.359/2021 registered at Police Station Madanganj, District Ajmer for offences under Sections 448, 427 & 379 of IPC.

No one has appeared on behalf of petitioner to pursue the petition on merits.

Learned Public Prosecutor pointed out that in the impugned FIR, investigation has been concluded and offences u/s. 448 & 427 of IPC, have been found established against petitioner and charge- sheet has been filed against him on 25.04.2023.

As per judgment of Hon’ble Supreme Court in case of Joseph Salvaraj A Vs. State of Gujarat [(2011) 7 SCC 59], which has been followed in case of Anand Kumar Mohatta Vs. [2025:RJ-JP:39563] (2 of 2) [CRLMP-72/2022] State (Government of NCT of Delhi) Department of Home [(2019) 11 SCC 706], it was held that prayer of quashing of FIR does not become infructuous, merely on the ground of filing of charge-sheet. However, from perusal of allegations made in the impugned FIR, it appears that complainant has levelled allegations against petitioner to forcefully demolish the boundary-wall of his plot by using JCB and to enter into his plot unauthorizedly. Such allegations have been found established in the investigation. Thus, this Court, prima facie, finds that the allegations made in the FIR disclose commission of cognizable offences and no case is made out to quash the FIR.

In the opinion of this Court, the case of petitioner on merits does not fall in any of the criteria, prescribed by the Hon’ble Supreme Court in case of State of Haryana v. Choudhary Bhajan Lal [1992 Supp. (1) SCC 335].

In view of above, the present criminal misc. petition is hereby dismissed. However, it is open for the petitioner to take all his legal and valid objections before the trial Court, at the stage of framing charge, if charge has not been framed so far.

Stay application and pending application(s), if any, stand disposed of. Sachin/S-179 (SUDESH BANSAL),J