Shahrukh vs State Of Rajasthan
2022 Latest Caselaw 13678 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 7838/2022

1. Shahrukh S/o Altaf Khan, Aged About 22 Years, R/o Jawad Darwaja Nimbahera Dist. Chittorgarh Raj.

2. Moshin S/o Altaf Khan, Aged About 25 Years, R/o Jawad Darwaja Nimbahera Dist. Chittorgarh Raj.

3. Sohel S/o Altaf Khan, Aged About 20 Years, R/o Jawad Darwaja Nimbahera Dist. Chittorgarh Raj.

4. Khusnur S/o Ahmad Noor, Aged About 42 Years, R/o Jawad Darwaja Nimbahera Dist. Chittorgarh Raj.

5. Bahan Meer @ Batan Misti @ Mehtabnoor S/o Ahmad Noor, Aged About 46 Years, R/o Jawad Darwaja Nimbahera Dist. Chittorgarh Raj.

6. Kohinoor S/o Ahmad Noor, Aged About 38 Years, R/o Jawad Darwaja Nimbahera Dist. Chittorgarh Raj.

7. Paru S/o Ahmad Noor, Aged About 48 Years, R/o Jawad Darwaja Nimbahera Dist. Chittorgarh Raj.

8. Shona @ Shana @ Aftab S/o Ahmadnoor, Aged About 50 Years, R/o Jawad Darwaja Nimbahera Dist. Chittorgarh Raj.

9. Shahbaj S/o Ahmad Noor, Aged About 22 Years, R/o Jawad Darwaja Nimbahera Dist. Chittorgarh Raj.

10. Sadab S/o Guddan, Aged About 23 Years, R/o Jawad Darwaja Nimbahera Dist. Chittorgarh Raj.

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Rukeya W/o Mo. Ayub, Aged About 50 Years, R/o Jawad Darwaja Nimbahera Dist. Chittorgarh Raj.

                                                                ----Respondents


For Petitioner(s)        :     Mr. Zafar Khan
For Respondent(s)        :     Mr. SK Bhati, PP
                               Mr. SK Bhati, PP



               HON'BLE MR. JUSTICE FARJAND ALI

                                    Order


                                                                          (2 of 2)                      [CRLMP-7838/2022]

                                   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.632/2022, Police Station Nimbahera, District Chittorgarh for

the offences under Section 452, 427, 354, 323, 384, 147 & 149 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

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

invoked in this case are triable by Magistrate 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 apply, the Investigating Officer shall

adhere to 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 81-Anshul/-

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