Surendra Singh S/O Shri Daulat ... vs State Of Rajasthan
2021 Latest Caselaw 2994 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 7999/2018

Surendra Singh S/o Shri Daulat Singh B/c Rajput, Aged About 22
Years, R/o Plot No.76/241, Jai Bhawani Nagar, Main Salawas
Road, Sangariya, Jodhpur, Raj.
                                                                    ----Petitioner
                                    Versus
1.        State of Rajasthan, Through PP.
2.        Smt. Ranu Kanwar Shekhawat W/o Shri Surendra Singh,
          D/o Richhpal Singh Shekawat, R/o House No.g-103,
          Ambedkar Nagar, NEB Alwar, Raj.
                                                                 ----Respondents

For Petitioner(s)         :     Mr. C.S. Rathor
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.0140/2018 registered at Police Station Mahila Thana, Alwar for offences under Sections 376-D, 504, 120B and 34 IPC.

2. This matter has come up on application for vacation of the interim stay order dated 13-5-2019, 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 13-5-2019, 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 this is a false and fabricated case, registered after the marriage of the petitioner

(2 of 2) [CRLMP-7999/2018]

with the respondent complainant. On consideration of the matter and hearing counsel for the parties, the interim stay order dated 13-5-2019 was granted. 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 13-5-2019 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.

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 IA No.1/2021 for vacation of interim stay order stands disposed of.

(SATISH KUMAR SHARMA),J

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