Rajasthan High Court Directs Detailed Examination in Alleged Misuse of Power Case

Court orders production of key records in FIR registered amidst allegations of malafide intentions in civil dispute.

In a significant development, the Rajasthan High Court has directed a thorough examination of the records associated with a controversial FIR filed against Gangeshwar Lal Shrivastava and others, amidst allegations of malafide intentions and misuse of power in a civil dispute. The judgment, delivered by Mr. Sameer Jain, J., on December 15, 2025, mandates the production of crucial documents, including the case diary, preliminary enquiry records, and service emails sent to the petitioners prior to their arrest.

The case, registered as S.B. Criminal Misc(Pet.) No. 10419 of 2025 and S.B. Criminal Misc(Pet.) No. 10167 of 2025, involves serious claims by the petitioners against the police authorities of Udaipur, who are accused of initiating a criminal case based on exaggerated and bogus expenses purportedly under the guise of filmmaking.

During the proceedings, the Inspector General of Police (IGP) Udaipur Range, along with the Superintendent of Police and the Investigating Officer, submitted that the preliminary enquiry was conducted in accordance with the legal procedures. Additionally, it was affirmed that the petitioners were informed in advance through e-mail prior to any arrest.

Representing the complainant, Senior Counsel Mr. Vikas Balia also presented substantial arguments supporting the police's actions. Meanwhile, the petitioners' counsel, Mr. Prem Prakash, reiterated his stance that the FIR was wrongfully registered and constituted an abuse of power.

The court has granted the parties the liberty to submit written arguments until December 16, 2025. The Public Prosecutor has been tasked with furnishing the court with all relevant documents by the same date, ensuring transparency and accountability in the investigation process.

The judgment reflects the court's commitment to upholding justice by meticulously scrutinizing the actions taken by law enforcement in this matter. As the order remains reserved, the legal community eagerly awaits further developments in this high-profile case.

Bottom Line:

Allegations of malafide and misuse of power in a civil dispute by registering FIR - Preliminary enquiry carried out as per legal procedure - Petitioners served through e-mail prior to arrest - Directions issued to produce case diary, preliminary enquiry records, and service emails.

Statutory provision(s): Criminal Procedure Code, 1973

Gangeshwar Lal Shrivastava v. State of Rajasthan, (Rajasthan) : Law Finder Doc Id # 2823415