Rajasthan High Court
Sunita Kumari And Anr vs State Of Raj And Ors on 16 July, 2021
Bench: Satish Kumar Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 4263/2017
Birendra Singh S/o Ramesh Chandar, R/o Ward No.04, Dhani
Kemp Ke Pass, Kakrana, Police Station Gudha, District
Jhunjhunu, Raj.
----Petitioner
Versus
1. State of Rajasthan Through PP.
2. The Station House Officer, Police Station Gudha, District
Jhunjhunu, Raj.
3. Director General Of Police, Police Head Quarter, Lal Kothi,
Jaipur.
4. Superintendent Of Police, District Jhunjhunu, Raj.
5. Sheesh Ram Mehra S/o Late Shri Ram Dhan, R/o Ward
No.04, Dhani Kemp Ke Pass, Kakrana, Police Station
Gudha, District Jhunjhunu, Raj.
6. Sunita Kumar D/o Sheeshram, R/o Ward No.04, Dhani
Kemp Ke Pass, Kakrana, Police Station Gudha, District
Jhunjhunu, Raj.
----Respondents
For Petitioner(s) : Mr. Govind Upadhyay
For Respondent(s) : Mr. Ganesh Saini, PP
Mr. Yash Tiwari for
Mr. A.S. Shekhawat
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.309/2017 registered at Police Station
Jhotwada, Jaipur Metropolitan for offences under Sections 420,
120B IPC and Sec.66-C Information Technology Act.
(2 of 3) [CRLMP-4263/2017]
2. This matter has come up on application for vacation of the
interim stay order dated 11-8-2017, whereby it was directed that
further proceedings in pursuance to the FIR in question shall
remain stayed.
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 11-8-2017,
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 petitioner submits that totally false
and fabricated case has been lodged agaisnt the petitioner. The
prosecutrix herself has negated the allegations and in view thereof
the interim stay order was granted, which does not deserve to be
vacated. The petitioner is ready to cooperate in investigation, but
he 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 11-8-2017 is modified/ clarified to the effect that
investigation in the matter shall continue and the same be
concluded expeditiously. The petitioner shall join the investigation
and shall appear before the Investigating Officer on 23-7-2021
and as and when he is called upon to do so. After completion of
investigation, the police report (challan/ FR) shall be presented
before the concerned court. However, the petitioner shall not be
arrested without prior notice of seven days.
(3 of 3) [CRLMP-4263/2017]
7. It is made clear that in case the accused petitioner fails to join
the investigation, the Investigating Officer shall be free to arrest
him 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.25243/2018 and IA No.1/2021 for vacation of
interim stay order respectively stand disposed of.
(SATISH KUMAR SHARMA),J
Arn/10
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