Himanshu Harivayasi vs State Of Rajasthan
2021 Latest Caselaw 17607 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5829/2021

Himanshu Harivayasi S/o Mahaveer Prasad Bairagi, Aged About 40 Years, B/c Vaishnav, At Present R/o Adarsh Nagar, Kota Road, Bhilwara (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Pooja Vaishnav D/o Dinesh Vaishnav, Aged About 18 Years, B/c Vaishnav, R/o Paldi, P.s. Sadar, Bhilwara (Raj.).

                                                                ----Respondents


For Petitioner(s)        :     Mr. NK Rastogi
For Respondent(s)        :     Mr. Javed Gauri, PP



             HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

24/11/2021

1. Learned counsel for the petitioner submits that patently false

allegations have been levelled against the petitioner. The

story as narrated in the FIR does not inspire confidence as

the same is not convincing and highly improbable.

2. Learned counsel drew attention of this Court towards several

chats made between the petitioner and the prosecutrix at

social platform Whatsapp etc as well as some colour

photographs clearly depicting the situation that the petitioner

and the prosecutrix had been in very good terms and

relations.

3. In this view of the matter, he submits that the continuation

of the investigation in the matter would amount to abuse of

process of law. He submits that the ingredients essential to

(2 of 2) [CRLMP-5829/2021]

constitute an offence under Section 376 of IPC are

conspiciously missing. Learned counsel places reliance on

the judgment of Hon'ble Supreme Court rendered in the case

of Pramod Suryabhan Pawar Vs. State of Maharstra (Cr.

Appeal No.1165/2019), decided on 21.8.2019 and

accordingly prayed that the FIR impugned may be quashed.

4. Learned Public Prosecutor opposed the prayer made by the

learned counsel for the petitioner.

5. In the peculiar facts and circumstances of the case,

considering the submissions as made by counsel for the

petitioner and after going through the judgment referred

above, I deem it appropriate to direct the petitioner to

appear before the Superintendent of Police concerned and to

submit a representation alongwith all those documents, upon

which, he places reliance and the grounds raised in this

petition.

6. The Superintendent of Police is directed to consider the

representation of the petitioner and the documents

objectively; strictly in accordance with law and the recent

judgment delivered in the case of Pramod Suryabhan Pawar

(supra) and thereafter send a report to this Court.

7. Learned Public Prosecutor is directed to procure the case

diary.

8. List this case after eight weeks.

9. In the meanwhile, the petitioner shall not be arrested.

(FARJAND ALI),J

38-CPGoyal/-

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