Gaurav Srivastava S/O Shri ... vs State Of Rajasthan Through Pp
2021 Latest Caselaw 3109 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No. 3812/2018

Gaurav Srivastava S/o Shri Avinash Chand Srivastava, Aged
About    35   Years,     R/o     House        No.58,       New     Adarsh   Colony,
Bharatpur.
                                                                      ----Petitioner
                                      Versus
1.      State Of Rajasthan Through Pp, Jaipur
2.      Ranveer Singh S/o Lakhan Singh, R/o Kheriyajat Ps
        Rupwas, District Bharatpur.
                                                                   ----Respondents

For Petitioner(s) : Mr. J.K. Moolchandani, through VC 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.119/2018 registered at Police Station Rupwas, District Bharatpur for offences under Sections 420 and 406 IPC.

2. This matter has come up on application for vacation of the interim stay order dated 16-7-2018, whereby it was directed that further proceedings arising out of the impugned FIR qua the petitioner shall remain stayed.

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 16-7-2018, 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. The petitioner was an employee of Megna Finance & Solution Pvt. Ltd. and had resigned

(2 of 2) [CRLMP-3812/2018]

on 2-2-2017 much prior to the incident. 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 16-7-2018 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.1/2021 for extension of stay order and No.2/2021 for vacation of interim stay order respectively stand disposed of.

(SATISH KUMAR SHARMA),J

Arn/19

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