Rajasthan High Court
Smt. Prem Devi Khandelwal Wife Of ... vs State Of Rajasthan on 18 January, 2022
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 347/2022
1. Smt. Prem Devi Khandelwal Wife Of Shri Satya Narayan
Khandelwal, Aged About 52 Years, Resident Of Flat No. S-
Ii, Plot No. 18, Swarn Vihar, Muhana Mandi Road, Jaipur
(Rajasthan)
2. Smt. Gyan Devi Wife Of Late Shri Jagdish Prasad Agrawal,
Aged About 65 Years, Resident Of Flat No. G-1, Plot No.
18 Swarn Vihar, Muhana Mandi Road, Jaipur (Rajasthan)
3. Smt. Pushpa Sharma Wife Of Shri Laxman Swaroop
Sharma, Aged About 64 Years, Resident Of Flat No. G-2,
Plot No. 18 Swarn Vihar, Muhana Mandi Road, Jaipur
(Rajasthan)
4. Hitesh Kumar Khandelwal Son Of Satyanarayan
Khendelwal, Aged About 39 Years, Resident Of Flat No. S-
1, Plot No. 18 Swarn Vihar, Muhana Mandi Road, Jaipur
(Rajasthan)
5. Shri Ankush Biloriya Son Of Shri Babu Lal Saini, Aged
About 42 Years, Resident Of Flat No. F-2, Plot No. 18
Swarn Vihar, Muhana Mandi Road, Jaipur (Rajasthan)
6. Akhilesh Son Of Ramesh Chand, Aged About 35 Years,
Resident Of Flat No. F-1, Plot No. 18 Swarn Vihar, Muhana
Mandi Road, Jaipur (Rajasthan)
7. Surendra Son Of Shri Radheyshyam, Resident Of Flat No.
1,stilt Floor, Plot No. 18 Swarn Vihar, Muhana Mandi Road,
Jaipur (Rajasthan)
----Petitioners
Versus
1. State Of Rajasthan, Through PP
2. Rohit Srivastava Son Of Shri C.v. Srivastava, Enforcement
Officer, Jaipur Development Authority, Resident Of C- 103,
Sety Colony, Transport Nagar Jaipur (Rajasthan)
----Respondents
For Petitioner(s) : Mr. D.K. Garg through VC
For Respondent(s) : Mr. Arvind Kumar, PP
(2 of 3) [CRLMP-347/2022]
HON'BLE MR. JUSTICE FARJAND ALI
Order
18/01/2022
By way of filing the instant miscellaneous petition, challenge
has been made to the very lodging of the FIR No.1173/2021
registered at Police Station Muhana, District Jaipur City (South) for
offence under Sections 453, 379 & 120B IPC and Section 3 of the
PDPP Act, 1984.
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
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
(3 of 3) [CRLMP-347/2022]
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
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 /98
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