Rajasthan High Court
Ajay Kumar Sharma And Ors vs State Of Raj And Anr on 16 July, 2021
Bench: Satish Kumar Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6169/2017
1. Ajay Kumar Sharma S/o Late Shri Kailash Chand Sharma,
R/o Plot No.d-354, Near Shiv Mandir, Sawai Getor, Getor
Road, Jagatpura, Ward No.28, Sanganer, Tehsil Sanganer,
District Jaipur, Raj.
2. Smt. Beena Sharma W/o Late Shri Kailash Chand
Sharma, R/o Plot No.d-354, Near Shiv Mandir, Sawai
Getor, Getor Road, Jagatpura, Ward No.28, Sanganer,
Tehsil Sanganer, District Jaipur, Raj.
3. Vijay Sharma S/o Late Shri Kailash Chand Sharma, R/o
Plot No.d-354, Near Shiv Mandir, Sawai Getor, Getor
Road, Jagatpura, Ward No.28, Sanganer, Tehsil Sanganer,
District Jaipur, Raj.
4. Arjun Sharma S/o Bishan Singh, R/o Plot No.d-354, Near
Shiv Mandir, Sawai Getor, Getor Road, Jagatpura, Ward
No.28, Sanganer, Tehsil Sanganer, District Jaipur, Raj.
----Petitioners
Versus
1. State of Rajasthan Through PP.
2. Smt. Laxmi Devi W/o Shri Ajay Kumar Sharma, R/o A-3,
Triveni Nagar, Paldi Meena, Agra Road, Police Station
Khoh Nagoriyan, Jaipur, Raj., At Present R/o D-50,
Karampura, Near Milan Cinema, New Delhi-15.
----Respondents
For Petitioner(s) : Mr. V.K. Jangir
For Respondent(s) : Mr. Ganesh Saini, PP
HON'BLE MR. JUSTICE SATISH KUMAR SHARMA
Order
16/07/2021
1. This Petition has been filed under Section 482 Cr.P.C. for
quashing of FIR No.148/2016 registered at Police Station Mahila
Thana, Jaipur City (East) for offences under Sections 498-A, 406
and 120B IPC.
(2 of 3) [CRLMP-6169/2017]
2. This matter has come up on application for vacation of the
interim stay order dated 24-11-2017, whereby it was directed that
no coercive steps shall be taken against the petitioner.
3. Heard learned counsel for both the sides and perused the
material made available on record.
4. Learned Public Prosecutor submits that investigation in the
matter is stalled due to the interim stay order dated 24-11-2017,
which deserves to be vacated in view of the verdict of the Hon'ble
Supreme Court in the case of M/s. Neeharika Infrastructure Pvt.
Limited Vs. State of Maharashtra [(2021) SCC Online SC 315].
5. Learned counsel for the petitioners submits that this is
matrimonial dispute in which the marriage has already been
dissolved by the family court. On consideration of the matter and
hearing counsel for the parties, the interim stay order dated 24-
11-2017 was granted. The petitioners are ready to cooperate in
investigation, but they should be protected from arrest.
6. In view of above mentioned judgment of the Apex Court in the
case of M/s. Neeharika Infrastructure Pvt Ltd. (supra) and keeping
in view all facts and circumstances of the case, the interim stay
order dated 24-11-2017 is modified/ clarified to the effect that
investigation in the matter shall continue and the same be
concluded expeditiously. The petitioners shall join the investigation
and shall appear before the Investigating Officer on 23-7-2021
and as and when they are called upon to do so. After completion
of investigation, the police report (challan/ FR) shall be presented
before the concerned court. However, the petitioners shall not be
arrested without prior notice of seven days.
(3 of 3) [CRLMP-6169/2017]
7. It is made clear that in case the accused petitioners fail to join
the investigation, the Investigating Officer shall be free to arrest
them forthwith, if so required, subject to bail order, if any.
8. Learned Public Prosecutor is directed to call for the status
report of investigation.
9. List the matter on 13-8-2021.
10. Applications No.14779/2019 for vacation of the interim order,
and IA No.1/2021 for early hearing stand disposed of
(SATISH KUMAR SHARMA),J
Arn/11
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