Sahista Bano vs State Of Rajasthan And Anr
2021 Latest Caselaw 3110 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

         S.B. Criminal Miscellaneous (Petition) No. 2482/2014

Sahista Bano w/o Jamil Ahmed, aged 38 years, R/o Mohalla
Rahim Nagar, Jagmalpura Road, Ward No.45, near Abdulla Masjid
Sikar.
                                                                   ----Petitioner
                                    Versus
1. State of Rajasthan through Public Prosecutor
                                                                 ---- Respondent

2. Balbeer Panwar s/o Shri Mungaram, aged 30 years, R/o near Khatikan Pyau, Jagmalpura Road, Ward No.45, Sikar.

For Petitioner(s)         :     None
For Respondent(s)         :     Mr. Shyam Prakash Sharma, 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.183/2014 registered at Police Station Kotwali

Sikar for offences under Sections 193 and 120B IPC and Section

3(2) SC/ST Act.

2. This matter has come up on application for vacation of the

interim stay order dated 23-5-2014, whereby it was directed that

investigation of FIR No.183/2014 shall be kept in abeyance till the

next date of hearing.

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 23-5-2014,

(2 of 2) [CRLMP-2482/2014]

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 as also for

the complainant.

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 23-5-2014 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. 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.26656/2017 for vacation of interim stay order

stands disposed of.

(SATISH KUMAR SHARMA),J

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