Rajasthan High Court
Mukesh Kumar Choudhary And Ors vs State Of Rajasthan And Anr on 23 July, 2021
Bench: Satish Kumar Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 236/2013
1. Mukesh Kumar Choudhary son of Shri Ram Kishore
Choudhary, aged 26 years
2. Ram Kishore son of Shri Kajod Mal, aged 44 years,
3. Satya Narain son of Shri Ram Kishore, aged 30 years
4. Mohan Lal son of Shri Kanhaiya Lal, aged 32 years
all residents of Pnaditpura, PS Baswa, District Dausa (Rajasthan)
---- Accused- Petitioners
Versus
1. State of Rajasthan through Public Prosecutor
--- Respondent
2, Mukesh son of Shri Ganesh Bairwa, aged 28 years, Resident
of Panditpura, PS Baswa, District Dausa (Rajasthan)
---- Complainant- Respondent
For Petitioner(s) : Mr. Parth Sharma for
Mr. Deepak Asopa
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.2/2013 registered at Police Station Baswa,
Dausa for offences under Sections 341, 323, 451, 354, 504 IPC
and Section 3(1)(x) SC/ST Act.
2. This matter has come up on application for vacation of the
interim stay order dated 31-1-2013, whereby it was directed that
further Investigation in FIR 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 31-1-2013,
which deserves to be vacated in view of the verdict of the Hon'ble
(2 of 2) [CRLMP-236/2013]
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 petitioners submits that totally false
and fabricated case has been lodged. The petitioners are ready to
cooperate in investigation, but they 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 31-1-2013 is modified/ clarified to the effect that
investigation in the matter shall continue and the same be
concluded expeditiously. The petitioners shall join the investigation
and shall appear before the Investigating Officer on or before
30-7-2021 and as and when they are called upon to do so. After
completion of investigation, the police report (challan/ FR) shall be
presented before the concerned court. However, the petitioners
shall not be arrested without prior notice of seven days.
7. It is made clear that in case the accused petitioners fail to join
the investigation, the Investigating Officer shall be free to arrest
them 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.3157/2017 for vacation of interim stay order
stands disposed of.
(SATISH KUMAR SHARMA),J
Arn/6
Powered by TCPDF (www.tcpdf.org)
