Shahnawaj vs State Of Rajasthan
2022 Latest Caselaw 1391 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 211/2022

Shahnawaj S/o Sh. Shahjamal, Aged About 35 Years, B/c Musalman, R/o Muslim Colony, Banswara (Raj.).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Shambhoo Singh (through VC) For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE FARJAND ALI

Judgment / Order

28/01/2022

The instant criminal misc. petition has been preferred under

Section 482 Cr.P.C. for quashing of FIR No.290/2021 registered at

P.S. Kotwali Banswara, District Banswara for the offences under

Section 3/25 of the Arms Act.

Heard learned counsel for the petitioner and the learned

Public Prosecutor for State. Perused the material available on

record. After going through the facts of the FIR, instead of

quashing the FIR and impeding the course of investigation, looking

to the peculiar facts & circumstances of the case, and the fact that

the offence is exclusively triable by the court of Magistrate, 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

(2 of 2) [CRLMP-211/2022]

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 is 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; or there are

compelling circumstances for which arrest of the accused

petitioner is indispensable, in that event; the police officer shall

issue a 15 days prior notice to the accused petitioner showing the

intent of arrest. The provisions contained in Section 41 of the CrPC

as well as the direction passed by the Hon'ble Supreme Court in

the case of Arnesh Kumar Vs. State of Bihar & anr. shall be

followed/applied in its correct letter and spirit, just to avoid the

contemptuous situation.

If it is flouted by the Officers and the same is brought to the

notice of this Court, this court would be constrained to take

appropriate actions and to pass orders averse to the interest of

the agency.

Needless to say that in such an event, the petitioner would

be at liberty to approach this court again.

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

The stay application/petition also stands disposed of.

(FARJAND ALI), J..

11-Arun/-

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