Moti Singh vs State Of Raj And Anr
2021 Latest Caselaw 3108 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 6409/2017

Moti Singh S/o Shri Budha Ram, R/o House No.397, Vijay Nagar
Colony, Ps Atalband, District Bharatpur.
                                                                        ----Petitioner
                                     Versus
1.      State of Rajasthan Through PP.
2.      Yogendra Singh Dagur S/o Shri Jawahar Singh, R/o Indra
        Colony, PS Atalband, District Bharatpur.
                                                                   ----Respondents

For Petitioner(s) : Mr. J.K. Moolchandani, through VC For Respondent(s) : Mr. S.K. Mehla, PP None 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.333/2017 registered at Police Station Atalband, District Bharatpur for offences under Sections 420, 467, 468 and 471 IPC.

2. This matter has come up on application for vacation of the interim stay order dated 14-12-2017, whereby it was directed that the Investigating Officer shall keep investigation arising out of the impugned FIR in abeyance.

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 14-12-2017, 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].

(2 of 2) [CRLMP-6409/2017]

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 14-12-2017 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 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. Application No.1/2021 for vacation of interim stay order stands disposed of.

(SATISH KUMAR SHARMA),J

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