Chetram Meena S/O Mishri Lal Meena vs State Of Rajasthan
2021 Latest Caselaw 4068 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 4847/2021

Chetram Meena S/o Mishri Lal Meena,
                                                                    ----Petitioner
                                     Versus
State Of Rajasthan
                                                                  ----Respondent

For Petitioner(s)          :     Mr. Mohan Pal Meena
For Respondent(s)          :     Mr. Ganesh Saini, P.P.



       HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

                                      Order

26/08/2021

1. This petition has been filed under Section 482 Cr.P.C for

quashing of FIR No.58/2021 registered at Mahila Thana, Jaipur

City (East) for the offences under Sections 498-A and 406 IPC.

2. Heard learned counsel for both the sides and perused the

material made available on record.

3. Learned counsel for the petitioner submits that the present

FIR has been lodged with totally false and fabricated allegations.

The petitioner filed the suit for restitution of conjugal rights and

after receiving the notices, the complainant-respondent lodged the

impugned FIR. In view of the material placed along with the

petition, the impugned FIR deserves to be quashed and in the

meanwhile, further proceedings in the FIR should be stayed and

the petitioner should be granted interim protection from any sort

of coercive action.

4. Learned Public Prosecutor has opposed the petition.

5. Heard. Considered.

(2 of 2) [CRLMP-4847/2021]

6. In view of the recent judgment of Hon'ble Supreme Court in

M/s Neeharika Infrastructure Private Limited vs. State of

Maharashtra [2021 SCC OnLine SC 315] the impugned FIR

cannot be quashed at this juncture but the Investigating Agency is

duty bound to conduct the investigation in fair manner strictly in

accordance with law without being influenced by any extraneous

consideration, therefore, keeping in view the peculiar

circumstances of the case and to enable the accused-petitioner to

put-forth his case during the course of investigation, it is directed

that the petitioner shall appear before the Investigating Officer

and may submit appropriate representation for consideration as

per law within seven days from today and till then he shall not be

arrested, however, the Investigating Officer shall be free to arrest

the petitioner thereafter, if so required subject to bail order, if any.

7. Needless to say that in case of apprehension of arrest, the

petitioner may seek anticipatory bail, if so advised.

8. Learned Public Prosecutor is directed to procure latest status

report of the investigation by the next date positively.

9. List the matter on 05.10.2021.

(SATISH KUMAR SHARMA),J

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