Rajasthan High Court
Suresh Kumar Sawalka S/O Shri ... vs State Of Rajasthan on 23 July, 2021
Bench: Satish Kumar Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 5293/2019
Suresh Kumar Sawalka S/o Shri Bajrang Lal Sawalka, Aged
About 60 Years, R/o Flat No.807-808, Block B, Shivgyan Enclave,
Gautam Marg, Nirman Nagar, Jaipur.
----Petitioner
Versus
1. State of Rajasthan, Through PP, Rajasthan High Court,
Jaipur, Bench, Jaipur.
2. Shri Pankaj Mittal S/o Sohan Lal, R/o 37, Barmiz Colony,
Jaipur, Transport Nagar, Jaipur City (East), Raj.
----Respondents
For Petitioner(s) : Mr. Harish Agarwal
For Respondent(s) : Mr. S.K. Mehla, PP
Mr. Clevans Cletus for complainant
HON'BLE MR. JUSTICE SATISH KUMAR SHARMA
Order
23/07/2021
1. This Petition has been filed under Section 482 Cr.P.C. for
quashing of FIR No.155/2019 registered at Police Station Jawahar
Nagar, Jaipur for offences under Sections 420 and 406 IPC.
2. This matter has come up on application for vacation of the
interim stay order dated 18-9-2019, whereby it was directed that
no coercive action 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 18-9-2019,
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].
(2 of 2) [CRLMP-5293/2019]
5. Learned counsel for the petitioner submits that totally false
and fabricated case has been lodged. 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 18-9-2019 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 or before
30-7-2021 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.1/2020 for vacation of interim stay order
stands disposed of.
(SATISH KUMAR SHARMA),J
Arn/25
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