Vinod vs State Of Rajasthan
2022 Latest Caselaw 13663 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 7927/2022

Vinod S/o Shri Ram Chandra Gaduliya, Aged About 29 Years, R/o Pratapnagar Bypas, Udaipur.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Rekha W/o Shri Vinod, R/o Upali Odan, Nathdwara, District Rajsamand (Rajasthan)

----Respondents

For Petitioner(s) : Mr. A.K. Acharya For Respondent(s) : Mr. Mukhtiyar Khan, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

22/11/2022

The instant criminal misc. petition under Section 482 Cr.P.c.

has been preferred by the petitioner for quashing of FIR

No.289/2022 Police Station Nathdwara, District Rajsamand for the

offences under Sections 498-A and 406 of IPC.

Heard learned counsel for the petitioners and learned Public

Prosecutor.

Looking to the allegations leveled in the FIR and the factual

report submitted by learned Public Prosecutor, I am not inclined to

quash the FIR. However, looking to the fact that the offences

invoked in this case pertains to marital strife and under Section

498-A & 406 of the IPC on which and the provisions contained in

Section 41 Cr.P.C. as well as the judgment passed by Hon'ble Apex

Court in Arnesh Kumar vs. State of Bihar : AIR 2014 SC

2756 squarely applies, the Investigating Officer shall adhere to

(2 of 2) [CRLMP-7927/2022]

the aforesaid legal situation and shall not affect the arrest in

routine and before affecting the arrest he shall issue prior notice

under Section 41 Cr.P.C. In the event of filing of the charge-sheet

and moving of regular bail under Section 437 Cr.P.C. by the

petitioner before the trial Court, he shall be released on bail on

the amount of sureties and bonds to the satisfaction of the learned

Magistrate.

The instant misc. petition is disposed of.

Stay petition is also disposed of.

(FARJAND ALI),J 108-Mamta/-

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