Kajal And Anr vs State Of Rajasthan Through P P
2021 Latest Caselaw 3325 Raj/2

Citation : 2021 Latest Caselaw 3325 Raj/2
Judgement Date : 30 July, 2021

Rajasthan High Court

Kajal And Anr vs State Of Rajasthan Through P P on 30 July, 2021

Bench: Satish Kumar Sharma

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 1983/2017

1.      Kajal D/o Shri Suresh, W/o Shri Santosh Kumar, R/o
        Village Sonothi, Post Kurka, District Bharatpur, Raj.
2.      Santosh Kumar S/o Shri Bhajan Lal, R/o Village Sonothi,
        Post Kurka, District Bharatpur, Raj.
                                                                  ----Petitioners
                                   Versus
1.      State of Rajasthan Through P.P.
2.      Shri Gabbar S/o Shri Suresh Chand, R/o Jawahar Colony,
        Ramgarh, Mahua, District Dausa.
                                                                ----Respondents

For Petitioner(s)        :     Mr. R.K. Goyal
For Respondent(s)        :     Mr. Ganesh Saini, PP
                               Mr. Shafiq Ur Rahman, through VC


       HON'BLE MR. JUSTICE SATISH KUMAR SHARMA
                         Order
30/07/2021

1. This Petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.97/2017 registered at Police Station Mahua District Dausa for the offence under Section 363 IPC.

2. This matter has come up on application for vacation of the interim stay order dated 20-4-2017, whereby it was directed that no coercive steps shall be taken against the petitioner.

3. Heard learned counsel for both the sides and perused the material made available on record.

4. Learned counsel for the petitioner submits that both the petitioners are major and are living together with their own free will. No case is made out against the petitioner Santosh Kumar, therefore, FIR in question deserves to be quashed.

5. Learned counsel for the complainant submits that at the time of kidnapping the victim was minor, therefore, the present petition is baseless and deserves to be dismissed.

6. Learned Public Prosecutor submits that offence under Section 363 IPC is made out against the petitioner Santosh Kumar, but

(2 of 2) [CRLMP-1983/2017]

due to interim protection granted by this court the investigation in the matter could not be concluded. Therefore, the interim stay order dated 20-4-2017, should be vacated and the investigating Agency should be allowed to conclude the investigation in the matter 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].

7. Heard. Considered.

8. In view of the verdict of the Hon'ble Supreme Court in recent judgment in the case of M/s. Neeharika Infrastructure Pvt Ltd. (supra) the investigation in the matter cannot be stalled. Therefore, the interim stay order dated 20-4-2017 is modified/ clarified to the effect that investigation in the matter shall continue and the same be concluded expeditiously. The petitioner Santosh Kumar shall join the investigation and shall appear before the Investigating Officer on 9-8-2021 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.

9. 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.

10. Learned Public Prosecutor is directed to call for the status report of investigation.

11. List the matter on 23-8-2021.

12. Application No.9246/2018 for vacation of interim stay order stands disposed of.

(SATISH KUMAR SHARMA),J

Arn/85