Rajasthan High Court - Jodhpur
Ratan Kanwar vs State on 25 November, 2022
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1644/2021
Ratan Kanwar W/o Late Shri Laxman Singh, Aged About 70
Years, By Caste Rajput, R/o Village Samdari P.s. Samdari,
District Barmer.
----Petitioner
Versus
1. State, Through P.p.
2. Pukha Ram S/o Shri Birda Ram, By Caste Kalbi
(Choudhary), R/o Karmawas, Police Station Samdari,
Tehsil Siwana, District Barmer.
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 1153/2021
Ravindra @ Munna S/o Sh. Devaram, Aged About 35 Years, B/c
Jat, R/o Near Railway Station, Samdari, Police Station Samdari,
Tehsil Siwana, District Barmer (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Smt. Nenu W/o Sh. Habtaram, B/c Kalbi (Choudhary),
Resident Of Village Rakhi, Police Station Samdari, Tehsil
Siwana, District Barmer (Raj.).
----Respondents
S.B. Criminal Misc(Pet.) No. 1159/2021
Ravindra @ Munna S/o Sh. Devaram, Aged About 35 Years, By
Caste Jat, R/o Near Railway Station, Samdari, Police Station
Samdari, Tehsil Siwana, District Barmer (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Pukharam S/o Sh. Birdaram, By Caste Kabli (Choudhary),
R/o Karmawas, Police Station Samdari, Tehsil Siwana,
District Barmer (Raj.).
----Respondents
S.B. Criminal Misc(Pet.) No. 1642/2021
(2 of 3) [CRLMP-1644/2021]
Ratan Kanwar W/o Late Shri Laxman Singh, Aged About 70
Years, By Caste Rajput, R/o Village Samdari P.s. Samdari, Tehsil
Siwna, District Barmer.
----Petitioner
Versus
1. State, Through P.p.
2. Smt. Nenu W/o Shri Habta Ram, By Caste Kalbi
(Choudhary), R/o Village Rakhi, Police Station Samdari,
Tehsil Siwana, District Barmer.
----Respondents
For Petitioner(s) : Mr. Vikram Singh
Mr. C.S. Rathore
For Respondent(s) : Mr. A.R. Choudhary, PP
Mr. Sanjay Gupta for R-2
Mr. Daud Khan, IO through VC
HON'BLE MR. JUSTICE FARJAND ALI
Order
25/11/2022
The instant criminal misc. petitions under Section 482 Cr.P.c.
have been preferred by the petitioners for quashing of FIR
No.58/2020 Police Station Samdari, District Bikaner for the
offences under Sections 420, 467, 468, 471, 447, 379, 327, 120B
of the 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, this Court is 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
(3 of 3) [CRLMP-1644/2021]
Bihar : AIR 2014 SC 2756 squarely applies, the Investigating
Officer shall adhere to the aforesaid legal situation and a notice
under Section 41 Cr.P.C. shall be issued. 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 trial Court, they shall be
released on bail on the amount of sureties and bonds to the
satisfaction of the learned Magistrate
The instant misc. petitions are disposed of.
Stay petitions also disposed of.
(FARJAND ALI),J
158-Mamta/-
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