Rajasthan High Court
Smt. Shanti Bai W/O Shri Seva Ram vs State Of Rajasthan on 5 February, 2022
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 8380/2021
1. Smt. Shanti Bai W/o Shri Seva Ram, Aged About 52
Years, R/o Village Dara, Tehsil Kanwas, District Kota (Raj.)
2. Seva Ram S/o Shri Kanhiya Lal, Aged About 55 Years, R/o
Village Dara, Tehsil Kanwas, District Kota (Raj.)
3. Jeevan Ram S/o Shri Kanhiya Lal, Aged About 58 Years,
R/o Gali No. 10, Roteda Road, Saraswati Colony, Kota
Junction, Kota (Raj.)
----Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Smt. Munni Meena W/o Shri Jeevan Ram, R/o Gali No. 10,
Gurjar Gali, Saraswati Colony, Kota Junction, Kota.
----Respondents
For Petitioner(s) : Mr. A.K. Jain through VC
For Respondent(s) : Mr. FR Meena, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
05/02/2022
By way of filing the instant miscellaneous petition, challenge
has been made to the very lodging of the FIR No.322/2021
registered at Police Station Railway Colony, District Kota for
offence under Sections 420, 467, 468, 471 & 120B IPC.
Heard learned counsel for the petitioners 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
(2 of 2) [CRLMP-8380/2021]
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
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 petitioners 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-
petitioners are not considered or the final result is not reached;
the accused-petitioner Nos. 1 & 2 shall not be arrested (since the
petitioner No. 3 has been arrested and released on bail). If still
thereafter it is decided that the arrest has become imperative; the
petitioner Nos. 1 & 2 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 petitioners persists, the
petitioners 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 /55
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