Kiran Bala Sharma Wife Of Shri ... vs State Of Rajasthan
2022 Latest Caselaw 7836 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 5165/2022

Kiran Bala Sharma Wife Of Shri Omprakash Sharma,
                                                                      ----Petitioner
                                    Versus
State Of Rajasthan and Anr.
                                                                   ----Respondents

For Petitioner(s) : Mr. Anil Kumar Upman For Respondent(s) : Mr. Atul Sharma-PP For Complainant(s) Mr. Dilip Singh Bagdoliya

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

15/12/2022

Counsel submits that no investigation was kept pending

against the petitioner under Section 173(8) Cr.P.C. The

investigation was kept pending by the Investigating Agency

against the co-accused Rahul Shrivastava, Vinod Kumar, Sandeep

Sidhana and Sandeep Gurjar. Counsel submits that the

complainant submitted an application under Section 190 Cr.P.C. for

taking cognizance against the petitioner. Learned trial Judge suo

motu passed an order directing the Investigating Officer for

further investigation against the petitioner also. Counsel submits

that no such application was submitted by the Investigating

Officer seeking direction from the Court for conducting further

investigation against the petitioner. Counsel submits that the

impugned order has been passed by the learned Magistrate in

contravention to the judgment of the Hon'ble Apex Court in the

case of Reeta Nag Vs. State of West Bengal and Ors.

                                                          (2 of 2)                                   [CRLMP-5165/2022]



                                   reported    in   (2009)       9    SCC       129.       The     matter   requires

                                   consideration.

                                         List this matter after four weeks.

Till next date, effect and operation of the impugned order

qua the petitioner shall remain stayed.

(ANOOP KUMAR DHAND),J

Ashu/97

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