Aziz Tada S/O Late Shri Roshan Khan vs State Of Rajasthan
2021 Latest Caselaw 4069 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 4492/2021

Aziz Tada S/o Late Shri Roshan Khan And Ors.
                                                                  ----Petitioners
                                   Versus
State Of Rajasthan And Anr.
                                                                ----Respondents

For Petitioner(s)        :     Mr. Abdul Rahim Khan
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.170/2021 registered at Police Station Udei

Mod, District Sawai Madhopur for the offences under Sections 147,

323, 325, 308 and 354 IPC.

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

material made available on record.

3. Learned counsel for the petitioners submits that the present

FIR has been lodged with totally false and fabricated allegations

as a counterblast to the previous FIR, in which some accused

persons have been arrested. There is an inordinate delay of one

and a half month in lodging of this FIR and the same has been

done only to pressurise the petitioners. 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 petitioners should be granted interim

protection from any sort of coercive action.

4. Learned Public Prosecutor has opposed the petition.

                                                              (2 of 2)                                 [CRLMP-4492/2021]



                                   5.    Heard. Considered.

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

M/s Neeharika Infrastructure Private Limited vs. State of

Maharashtra [20 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-petitioners to

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

that the petitioners shall appear before the Investigating Officer

and may submit appropriate representation for consideration as

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

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

arrest the petitioners thereafter, if so required subject to bail

order, if any.

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

petitioners 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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