Bhura Lal Menaria vs State Of Rajasthan
2022 Latest Caselaw 2456 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 725/2021

Bhura Lal Menaria S/o Late Shri Paras Ram, Aged About 65 Years, Village Vana, Tehsil Bhinder And District Udaipur (Raj.).

----Petitioner Versus State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s) : Mr. Dinesh Godara with Mr. Rahul Choudhary For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

10/02/2022

This criminal misc. petition under Section 482 CrPC has been

filed by the petitioner for quashing of the FIR No. 77/2019 of

Police Station Vallabh Nagar, District Udaipur and all further

proceedings initiated pursuant to the said FIR qua the petitioner.

This Court vide order dated 27.07.2021 while directing the

Investigating Officer to make an intensive investigation to find out

whether there is any involvement of the petitioner in the alleged

crime or not has also directed the petitioner to join the

investigation immediately with a further direction that the

petitioner shall not be arrested in connection with FIR No.77/2019

registered at Police Station Vallabh Nagar, District Udaipur.

Pursuant to the order dated 27.07.2021 passed by this

Court, the petitioner has joined the investigation and he has been

thoroughly interrogated by the Investigating Officer.

(2 of 2) [CRLMP-725/2021]

Learned Public Prosecutor has submitted the factual report

wherein, it is mentioned that at present, role of the petitioner in

commission of crime is not established, however, after arrest of

some of the persons, who were absconding namely Ashok Kumar,

Prakash Vishnoi and Manohar, the position will be cleared.

After taking into consideration the factual report and the

overall facts and circumstances of the case, I deem it appropriate

to dispose of this criminal misc. petition with a direction to the

Investigating Authority that in future, if the Investigating Authority

is concluding that the petitioner is involved in the commission of

crime in relation to FIR No.77/2019 of Police Station Vallabh

Nagar, District Udaipur, then he shall be given an advance notice

of fifteen days before arresting him.

The petitioner is free to avail appropriate remedy, in case,

any such notice is served upon him.

This criminal misc. petition is disposed of accordingly.

Factual report is taken on record.

(VIJAY BISHNOI),J SURABHII/13-

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