Rajasthan High Court - Jodhpur
Mukesh Swami vs State Of Rajasthan (2024:Rj-Jd:8583) on 19 February, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:8583]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 525/2023
Mukesh Swami S/o Bhanwarlal Swami, Aged About 38 Years, R/o
Ward No. 26, Suratgarh, Sri Ganganagar.
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Kaluram S/o Khayali Ram, R/o Ward No. 27, Suratgarh,
Distt. Sri Ganganagar.
----Respondents
For Petitioner(s) : Mr. Shreekant Verma
For Respondent(s) : Mr. Abhishek Purohit, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order 19/02/2024
1. The instant criminal misc. petition under Section 482 Cr.P.C.
has been preferred by the petitioner for quashing of FIR No.7/2023, Police Station Suratgarh, District Ganganagar for the offences under Sections 332, 353 and 504 of the IPC.
2. Learned counsel for the petitioner prays for quashing and setting aside the aforementioned FIR and all further proceedings in pursuant thereof.
3. Per contra, learned public prosecutor opposes the submission of learned counsel for the petitioner for quashing of the FIR and all further proceedings in pursuant thereof.
4. Heard learned counsel for the petitioner and learned Public Prosecutor.
5. Looking to the allegations leveled in the FIR, I am not inclined to quash the FIR, however, looking to the fact that (Downloaded on 23/02/2024 at 09:52:06 PM) [2024:RJ-JD:8583] (2 of 2) [CRLMP-525/2023] the offences invoked in this case are triable by Magistrate and the provisions contained in Section 41 Cr.P.C. as well as the judgment passed by Hon'ble Apex Court in Arnesh Kumar vs. State of Bihar : AIR 2014 SC 2756 squarely applies, the Investigating Officer shall adhere to the aforesaid legal situation and shall not affect the arrest during investigation, instead thereof, he shall be given 15 days' prior notice so that he may exercise his legitimate rights.
6. Accordingly, the instant criminal misc. Petition as well as the stay petition stand disposed.
(FARJAND ALI),J 649-Ashutosh/-
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