Hansraj Kuri S/O Shri Shivnarayan ... vs State Of Rajasthan
2021 Latest Caselaw 3107 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 6734/2019

Hansraj Kuri S/o Shri Shivnarayan @ Sheoynarayan, Aged About
27 Years, R/o Kudiyo Ki Dhani, Tan Gram Ratanpura, Tehsil
Srimadhopur, District Sikar.
                                                                        ----Petitioner
                                     Versus
1.      State of Rajasthan, Through Secretary Home Department,
        Government of Rajasthan, Secretariat, Jaipur.
2.      Motiram Bhadwa S/o Nanu Ram, R/o Bhadwa Ki Dhani,
        Tan Prithvipura, PS Srimadhopur, District Sikar.
                                                                   ----Respondents

For Petitioner(s) : None for the petitioner For Respondent(s) : Mr. S.K. Mehla, PP

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.375/2019 registered at Police Station Srimadhopur, District Sikar for offences under Section 366 IPC.

2. This matter has come up on application for vacation of the interim stay order dated 30-10-2019, whereby it was directed that the Police may continue with the investigation, however, the petitioner shall not be arrested.

3. Heard learned Public Prosecutor 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 30-10-2019, 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. No one has appeared on behalf of the petitioner.

(2 of 2) [CRLMP-6734/2019]

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 30-10-2019 is modified/ clarified to the effect that investigation 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. In case no one appears on behalf of the petitioner on the next date, the matter shall be proceeded further in his absence.

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

(SATISH KUMAR SHARMA),J

Arn/27

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