Bharti Ramnani Wife Of Mr. Mahesh ... vs State Of Rajasthan
2022 Latest Caselaw 1198 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 6868/2021
Bharti Ramnani Wife Of Mr. Mahesh Kumar, Aged About 38 Years,
Resident Of 4 Jha 28, Housing Board, Shastri Nagar, Jaipur (Raj).
                                                                   ----Petitioner
                                   Versus
1.     State Of Rajasthan, Through Public Prosecutor.
2.     Anshul Garg Son Of Shri R.g Gupta, Aged About 36 Years,
       Resident Of 5 T 20, Housing Board, Shastri Nagar, Jaipur
       (Raj).
                                                                ----Respondents

For Petitioner(s) : Mr. Shantanu Sharma through VC For Respondent(s) : Mr. Ramesh Choudhary, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

02/02/2022

By way of filing the instant miscellaneous petition, challenge has been made to the very lodging of the FIR No.171/2020 registered at Police Station Sadar Jaipur, District Jaipur West for offence under Sections 406, 420, 467, 468, 471 & 120B IPC.

Heard learned counsel for the petitioner and the learned Public Prosecutor. Gone through the contents of the FIR and the other material made available on record.

After going through the nature of allegations leveled in the FIR and the nature of the offence, this Court does not deem it appropriate to quash the FIR impugned and to hamper the course of investigation. However, looking to the totality of facts and circumstances of the case and the fact that the offence is exclusively triable by the Court of Magistrate or Section 41 of Cr.P.C. applies and looking to the applicability of the judgment passed by Hon'ble the Supreme Court in case of Arnesh Kumar

(2 of 2) [CRLMP-6868/2021]

Vs. State of Bihar & Anr. [(2014) 8 SCC 273], while exercising the extraordinary powers available with this Court, I deem it appropriate to direct the petitioner to submit a detailed representation to the concerned Commissioner of Police, Police Commissionerate, Jaipur averring therein all the grounds which have been raised in this petition within a period of 20 days from the date of receipt of this order.

In the event, the representation is submitted, the concerned Commissioner of Police is directed to consider the submissions/grounds raised in the representation, and instruct the concerned Investigating Officer to conduct fair, impartial and expeditious investigation in the matter.

The requisite endorsement shall be made in the case diary as to the consideration of the representation.

It is made clear that until the submissions of the accused- petitioner are not considered or the final result is not reached; the accused-petitioner shall not be arrested. If still thereafter it is decided that the arrest has become imperative; she would be given 15 days notice prior to affect the arrest.

It is directed to the officers to strictly follow the provisions of law and the judgment referred above, it should not be taken as a formality.

In the event, the grievance of the petitioner persists, the petitioner would be at liberty to approach this Court again.

Accordingly, the instant criminal misc. petition is disposed of.

The stay application also stands disposed of.

(FARJAND ALI),J

SAHIL SONI /23

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