Jodhpur, Sep 30 Police and CID(CB) are expected to act strictly in accordance with the law and cannot be puppets at the command of any individual, the Rajasthan High Court has said in strong observations while quashing two FIRs registered in September this year in a 23-year-old land lease matter against Independent MLA Ganesh Raj Bansal and his family members.
The case relates to alleged irregularities concerning the Hanumangarh Municipal Council and land and lease matters. While the alleged incidents date back to 2003, the two FIRs were registered on September 17 and 18, 2026.
The High Court found the delay and circumstances surrounding registration of the FIRs significant. It held that the proceedings initiated after such a prolonged period amounted to an abuse of the process of law.
The FIRs invoked sections 420 (cheating); 467, 468 and 471 (related to forgery) and 120-B (conspiracy) of the Indian Penal Code. The investigation was handed over to the Crime Investigation Department (Crime Branch).
Justice Ashok Kumar Jain, while allowing the petitions, quashed FIR Nos. 624/2026 and 625/2026 along with all consequential proceedings arising from them against Independent MLA of Hanumangarh Ganesh Raj Bansal, his wife Santosh Bansal and other family members.
"The police or the CID (CB) is expected to act strictly in accordance with law, and they are not puppets of any individual giving commands against the law. Everyone is duty-bound to uphold the constitutional ethics and values. If anyone disobeys the law, he is liable, as no one is above the law," said the detailed order released late Tuesday.
The petitioners challenged the FIRs, arguing that the extraordinary delay in registration, coupled with the circumstances in which the cases were initiated, indicated political pressure, retaliation and harassment.
Appearing for the petitioners, advocate Kunal Upadhyay argued that the alleged offences related to events of 2003, but no satisfactory explanation had been given for registering the criminal cases nearly 23 years later.
In relation to Santosh Bansal, the court observed that registration of an FIR after 23 years concerning an alleged official act amounted to an act of retaliation and harassment.
The court further observed that personal prejudice and bias on the part of the complainant had resulted in an attempt to demonstrate hostility towards the petitioners.
The High Court also issued a broader reminder to the investigating agencies about their constitutional and legal responsibilities.
It said that every person has a duty to uphold constitutional morality and constitutional values and emphasised that no one is above the law.?
The court clarified that police have the statutory power and duty to register and investigate information disclosing a cognizable offence. However, such powers must be exercised strictly in accordance with law and cannot be used in a manner that amounts to abuse of the legal process.
The court also directed that if Ganesh Raj Bansal was in custody in connection with FIR No. 624/2026, he should be released forthwith.
