HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 7053/2022
1. Rajesh Jain S/o Kachrulal Jain, Aged About 61 Years, R/o 30 Subhash Grah Nimam Samiti Kasturba Nagar Ratlam Dist. Ratlam M.p.
2. Smt. Pramila Jain W/o Rajesh Jain, Aged About 55 Years, R/o 30 Subhash Grah Nimam Samiti Kasturba Nagar Ratlam Dist. Ratlam M.p.
----Petitioners Versus
1. State Of Rajasthan, Through Pp
2. Vikram Singh S/o Laxman Singh, Aged About 39 Years, R/ o Gumanpura Ghugra Sadar Dungarpur, Dungarpur Raj.
----Respondents For Petitioner(s) : Mr. Vineet Jain, Sr. Advocate assisted by Mr. Pravin Vyas For Respondent(s) : Mr. Sumer Singh, P. P.
JUSTICE DINESH MEHTA Order 01/11/2022
1. By way of the present misc. petition filed under Section 482 of the Code of Criminal Procedure, 1973, the petitioners have challenged the FIR No.37/2018 registered at Police Station Sadar, District Dungarpur; investigation in relation thereto; consequential charge-sheet so also the proceedings pending before the Chief Judicial Magistrate, Dungarpur in Criminal Regular Case No.1074/2020.
2. Considering that the grounds, on which the FIR and the investigation have been challenged, have not been brought to the notice of the Investigating Officer, this Court feels that instead of (Downloaded on 01/11/2022 at 08:28:55 PM) (2 of 2) [CRLMP-7053/2022] quashing the proceedings out-rightly, it would be appropriate that the petitioners appear before the Investigating Officer and put forth their defence including the documentary and other evidence and the judgments of High Court of Madhya Pradesh.
3. Mr. Jain, learned Senior Counsel informs that since the charge-sheet against the petitioners has been filed under Section 299 of the Code of the Criminal Procedure, it will not be conducive for the petitioners to appear before the trial Court, as the police will arrest the petitioners.
4. The petitioners are thus, directed to appear before the trial Court on the next date of hearing i.e. on 11.11.2022 and furnish a personal bond of Rs.1 lac each with two sureties of Rs.50,000/- each to the trial Court's satisfaction. On being satisfied, the trial Court shall accept the same and proceed in accordance with law.
5. The petitioners shall be free to raise all grounds and contentions before the trial Court at the time of framing charge. The trial Court shall consider the same in accordance with law at the stage of framing of charges.
6. With these observations, the present mic. petition stands disposed of.
7. Stay application too stands disposed of.
(DINESH MEHTA),J 221-A.Arora/-
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