Arvind vs State Of Rajasthan
2022 Latest Caselaw 13812 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR.

...

S.B. Criminal Misc. (Pet.) No. 7991/2022.

1. Arvind S/o Mukesh Kumar, Aged About 25 Years, R/o

Rameshwar Nagar Kudi Bhagtasani Jodhpur Raj.

2. Vishal S/o Vimal Chand, Aged About 26 Years, R/o

Rameshwar Nagar Kudi Bhagtasani Jodhpur Raj.

3. Pradeep S/o Vimal Chand, Aged About 32 Years, R/o

Rameshwar Nagar Kudi Bhagtasani Jodhpur Raj.

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Shelesh Kumar S/o Shri Khimraj, R/o Bhinmal Tehsil

Bhinmal Dist. Jalore Raj.

----Respondents

For Petitioner(s) : Mr. Kunal Kalla. For Respondent(s) : Mr. S.K. Bhati, PP.

HON'BLE MR. JUSTICE FARJAND ALI

Order

24/11/2022

The instant Criminal Misc. Petition under Section 482 Cr.P.c.

has been preferred by the petitioners for quashing of FIR No.

353/2022 dated 14.09.2022 registered at Police Station Bhinmal,

District Jalore for the offences under Sections 447, 354, 323, 379

& 34 of the Indian Penal Code.

Heard learned counsel for the petitioners and learned Public

Prosecutor.

(2 of 2) [CRLMP-7991/2022]

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, 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 petitioners

before the Magistrate concerned, they shall be released on bail on

the very same day on the amount of sureties and bonds as he

thinks fit.

The instant misc. petition is disposed of.

Stay petition is also disposed of.

(FARJAND ALI),J 65-/-Mohan

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