Nirmala Kamad vs State Of Rajasthan
2022 Latest Caselaw 7123 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 1659/2022

Nirmala Kamad D/o Babulal Kamad, Aged About 40 Years, R/o Bavyar Road, Chunginaka, Asind Police Station, Asind, District Bhilwara, Rajasthan, Pincode - 311301

----Petitioner Versus

1. State Of Rajasthan, through P.P.

2. Omprakash Jaat S/o Sreeram, Aged About 44 Years, R/o Rooppura, Asind, District Bhilwara, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Naman Mohnot For Respondent(s) : Mr. Gaurav Singh, Public Prosecutor Mr. Goverdhan Lal, R.P.S. Addl. S.P., Gangapur, Bhilwara, the Investigating Officer

JUSTICE DINESH MEHTA

Order

12/05/2022

1. By way of the present petition filed under Section 482 of the

Code of Criminal Procedure, 1973, the petitioner has prayed that

the FIR No.65/2022, registered at Police Station Asind, District

Bhilwara that has been registered against the petitioner for

offences punishable under Sections 295-A of the Indian Penal

Code be quashed.

2. Mr. Goverdhan Lal, R.P.S. Addl. S.P., Gangapur, Bhilwara,

the Investigating Officer, present in the Court, has produced the

case diary for perusal of the Court.

(2 of 2) [CRLMP-1659/2022]

3. Upon perusal of the case diary, this Court finds that there is

sufficient material available on record to proceed against the

petitioner for the offence alleged.

4. During the course of submissions, Mr. Naman Mohnot,

learned counsel for the petitioner raised a grievance that in spite

of the fact that no material was annexed with the FIR and ignoring

that no heinous crime was alleged against the petitioner, she has

been apprehended on the very next day of lodging of the FIR,

even without serving a notice under Section 41-A of the Code.

5. While maintaining that petitioner's arrest was illegal and

invalid according to the provisions of Criminal Procedure Code and

the judgment of Arnesh Kumar Vs. State of Bihar (2014) 8

SCC 273, learned counsel, seeks permission to withdraw the

present petition with a liberty to pursue the contempt petition,

which the petitioner has already filed.

6. The misc. petition so also stay petition stands dismissed

accordingly.

7. It is hereby clarified that this Court has not recorded any

finding about petitioner's guilt or correctness of the accusation,

hence, it will be open for the petitioner to take remedies at

appropriate stage, in accordance with law, in case a charge-sheet

is filed against her.

(DINESH MEHTA),J 10-Ramesh/-

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