Poornamal Rathore Son Of Shri ... vs State Of Rajasthan
2022 Latest Caselaw 360 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 7102/2021

1.     Poornamal Rathore Son Of Shri Ganesh Lal Rathore,
       Resident Of Village And Post Radi Tehsil K. Patan District
       Bundi At Present Posted At Tehsil Talera Distt. Bundi.
2.     Ram Kishan Meena Son Of Jagan Meena, Resident Of Post
       Bhartoon, Teh Sapotra Bharangpura, Karauli Rajasthan
       Pin 322255..
                                                                  ----Petitioners
                                   Versus
1.     State Of Rajasthan, Through Public Prosecutor.
2.     Superintendent Of Police, Bundi.
3.     Station House Officer, Police Station Indragarh District
       Bundi.
4.     Investigation Officer, Police Station Indragarh, District
       Bundi.
5.     Munna Kha Teli Son Of Peer Mohamad, Resident Of
       Dhakad Khedi, Indragarh Bundi Rajasthan.
                                                                ----Respondents

For Petitioner(s) : Mr. S.K. Laddha through VC For Respondent(s) : Mr. Arvind Kumar, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

17/01/2022

By way of filing the instant miscellaneous petition, challenge

has been made to the very lodging of the FIR No. 119/2021

registered at Police Station Indragarh District Bundi for offence

under Sections 420, 467, 468, 471, 406 & 120B IPC.

(2 of 3) [CRLMP-7102/2021]

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 gravity 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

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/s 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-petitioners shall not be arrested. If still thereafter it is

(3 of 3) [CRLMP-7102/2021]

decided that the arrest has become imperative; they 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 /56

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