Kesarimal vs State Of Rajasthan
2022 Latest Caselaw 13882 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 8036/2022

Kesarimal S/o Shri Ratna, Aged About 35 Years, R/o Dapipada, Kundal, Danpur, Banswara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Ishvar S/o Shri Nagji Maida, Aged About 19 Years, B/c Bheel, R/o Gram Khedapada Kundal, P.s. Danpur, Banswara, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Mipal Chopra For Respondent(s) : Mr. Mukhtiyar Khan, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

25/11/2022

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

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

20/2022 Police Station Danpur, District Banswara for the offences

under Sections 420 and 406 IPC.

Heard learned counsel for the petitioner 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 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

(2 of 2) [CRLMP-8036/2022]

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 63-Arti/-

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