Rajasthan High Court
Manoj Madani S/O Shri Dwaraka ... vs State Of Rajasthan on 4 February, 2022
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 4409/2021
Manoj Madani S/o Shri Dwaraka Prasad Madhani, Resident Of 82,
Vishnu Garden Colony, Sanganer, Jaipur, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Ratan Kour W/o Shri Let Nayan Sukha, Resident Of B-30,
Sury Nagar, Murlipura Scheme, Jaipur (North), Rajasthan.
Presently Sub Registrar, Up Panjiyak, Sanganer, Malpura
Gate, Jaipur City (East), Rajasthan.
----Respondents
For Petitioner(s) : Mr. R.S. Tanwar through VC
For Respondent(s) : Mr. Arvind Kumar, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
04/02/2022
By way of filing the instant miscellaneous petition, challenge
has been made to the very lodging of the FIR No. 245/2021
registered at Police Station Malpura Gate, District Jaipur City East
for offence under Sections 353 & 506 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
(2 of 2) [CRLMP-4409/2021]
Cr.P.C. applies and looking to the applicability of the judgment
passed by Hon'ble the Supreme Court in case of Arnesh Kumar
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 Superintendent of Police 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
Superintendent 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; he 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 /29
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