Banshidhar Kuldeep vs State Of Rajasthan And Anr
2021 Latest Caselaw 2995 Raj/2

Citation : 2021 Latest Caselaw 2995 Raj/2
Judgement Date : 16 July, 2021

Rajasthan High Court

Banshidhar Kuldeep vs State Of Rajasthan 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. 6208/2015

Banshidhar Kuldeep
                                                                  ----Petitioner
                                   Versus
State of Rajasthan And Anr
                                                                ----Respondent

For Petitioner(s)        :     Mr. M.S. Gothwal
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.195/2015 registered at Police Station Mahila Thana, Jaipur City (East) for offences under Sections 498-A and 406 IPC.

2. This matter has come up on application for vacation of the interim stay order dated 8-12-2015, 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 8-12-2015, 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 by way of second FIR with similar allegations which is not maintainable. The petitioner is ready to cooperate in investigation, but he should be protected from arrest.

(2 of 2) [CRLMP-6208/2015]

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 and particularly the earlier criminal case registered against the petitioner and its disposal on the basis of compromise the interim stay order dated 8-12-2015 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 No.14249/2019 and IA No.1/2021 for vacation of interim stay order and early hearing respectively stand disposed of.

(SATISH KUMAR SHARMA),J

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