Ashutosh Joshi vs State Of Rajasthan
2021 Latest Caselaw 15980 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5533/2021

1. Ashutosh Joshi S/o Shri Pradeep Joshi, Aged About 25 Years,

2. Vijay Trivedi S/o Shri Naresh Trivedi, Aged About 38 Years,

3. Prashant Pandy S/o Shri Nirmal Pandya, Aged About 40 Years,

4. Pritesh @ Rinku Pandya S/o Nirmal Pandya, Aged About 38 Years,

5. Harshvardhan Pandya S/o Shri Dharanidhar Pandya, Aged About 40 Years,

6. Payal Pandya W/o Shri Harshvardhan Pandya, Aged About 38 Years,

7. Rahul Panchal S/o Shri Devilal Pandya, Aged About 30 Years,

8. Mayank Tailor S/o Shri Sajjan Tailor, Aged About 29 Years,

9. Arjun Rana S/o Shri Chandan Singh Rana, Aged About 38 Years,

10. Vinay Soni S/o Shri Om Prakash Soni, Aged About 35 Years,

11. Rahul Soni S/o Shri Om Prakash, Aged About 32 Years,

12. Hemendra Pandya S/o Navin Chandra Pandya, Aged About 52 Years,

13. Sanny Parmar S/o Shri Rajendra Parmar, Aged About 28 Years, All R/o Kushalgarh, District Banswara (Rajasthan)

----Petitioners Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Shambhoo Singh For Respondent(s) : Mr. S.K. Bhati, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

(2 of 3) [CRLMP-5533/2021]

Order

22/10/2021

The present misc. petition has been filed for quashing the

F.I.R. No.311/2021 registered at Police Station Kushalgarh, District

Banswara for the offences punishable under Sections 143, 188,

269, 270, 353, 186 and 159 of IPC and Section 51 of Disaster

Management Act and Section 4/5 of Rajasthan Pandemic Act.

Learned counsel for the petitioner submits that on occasion

of Ganesh Festival, when procession of immersion of Ganesh Idol

with due permission of the administration was being conducted,

the number of people participating in the said procession was

increased, which was beyond the control of the petitioners. There

was no intention on the part of the petitioners in flouting the

permission granted by the Administration. He, therefore, prays

that the Investigating Officer may be directed to comply with the

provisions of Section 41(1)(b)/41-A of Cr.P.C. before making arrest

in the present case in view of the directions issued by the Hon'ble

Supreme Court in the case of Arnesh Kumar V/s State of Bihar

and Anr. reported in (2014)8 SCC 273 & AIR 2014 SC 2756.

Learned public prosecutor submits that the permission was

only for 50 persons granted by the Administration. However, the

petitioners have flouted the same and have gathered in huge

number and violated the orders passed by the Administration.

I have considered the submissions made at the Bar and gone

through the petition and the contents of the F.I.R.

Admittedly, the permission was sought by the petitioners for

conducting the procession of immersion of Ganesh Idol on the

Ganesh Chaturthi and the number was only restricted upto 50 as

permitted by the Administration. However, at the time of

(3 of 3) [CRLMP-5533/2021]

procession, the numbers swelled to more than 50 and, therefore,

the permission was violated.

Considering the circumstances, this Court is of the view that

the petitioners are not hardcore criminals and situation was not in

control of the petitioners, therefore, it will be in the interest of

justice that a notice under Section 41 and 41-A Cr.P.C. be issued

before arresting the petitioners.

In these circumstances, the present misc. petition is

disposed of with a direction to the Investigating Authority that in

the event of the Investigating Officer coming to the conclusion

that the allegations levelled against the petitioners are

substantiated and the arrest is warranted in the matter then, he

will give a notice to the petitioners under Sections 41 and 41-A

Cr.P.C. before fifteen days of arresting them in the light of the

judgment of the Hon'ble Supreme Court in Arnesh Kumar V/s

State of Bihar and Anr. reported in (2014)8 SCC 273 & AIR

2014 SC 2756 wherein specific direction to the State Government

to ensure the compliance of the provisions of Sections 41 and 41-

A Cr.P.C was also given.

Stay petition also stands disposed of.

(VINIT KUMAR MATHUR),J

67-SanjayS/-

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