Purshottam Kaila vs State Of Rajasthan (2023:Rj-Jd:41435)
2023 Latest Caselaw 10276 Raj

Rajasthan High Court - Jodhpur

Purshottam Kaila vs State Of Rajasthan (2023:Rj-Jd:41435) on 1 December, 2023

Author: Farjand Ali

Bench: Farjand Ali

[2023:RJ-JD:41435]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                  S.B. Criminal Misc(Pet.) No. 7405/2023

1.       Purshottam Kaila S/o Shri Mohan Lal Kaila, Aged About 52
         Years, R/o 520, 8Th B Road, Near Children Park,
         Sardarpura, Jodhpur Sd (Raj.)
2.       Manohar Singh S/o Shri Ratan Chand Rao, Aged About 50
         Years, R/o 123, Residency Road, Sardarpura, Jodhpur City
         West, Jodhpur (Raj.)
                                                                         ----Petitioners
                                       Versus
1.       State Of Rajasthan, Through PP
2.       Rajesh Bhootra S/o Narayan Das, R/o J-26, Near Mother
         Diary,      Shahdara,      North-East          Delhi,      At    Present   R/o
         Pipliyawas, Pipar City, Jodhpur Rural, District Jodhpur
         (Raj.).
                                                                    ----Respondents


For Petitioner(s)            :     Mr. J.S. Rathore
For Respondent(s)            :     Mr. S.K. Bishnoi, PP



                HON'BLE MR. JUSTICE FARJAND ALI

Order

01/12/2023

1. By way of filing the instant miscellaneous petition, challenge

has been made to the very lodging of the FIR No.511/2023

registered at Police Station Udai Mandir District - Jodhpur

City East for offence under Sections 420, 406, 467, 468, 471

and 120-B IPC.

2. Heard learned counsel for the petitioners and the learned

Public Prosecutor. Gone through the contents of the FIR and

the other material made available on record.

3. After going through the nature of allegations leveled in the

FIR and the nature of the offence, this Court does not deem

[2023:RJ-JD:41435] (2 of 3) [CRLMP-7405/2023]

it appropriate to quash the FIR impugned and to hamper the

course of investigation. However, looking to the totality of

facts and circumstances of the case and the fact that the

offence is exclusively triable by the Court of Magistrate or

Section 41 of Cr.P.C. applies and looking to the applicability

of the judgment passed by Hon'ble the Supreme Court in

case of Arnesh Kumar Vs. State of Bihar & Anr. [(2014)

8 SCC 273], while exercising the extraordinary powers

available with this Court, I deem it appropriate to direct the

petitioner/s to submit a detailed representation to the

concerned Superintendent of Police averring therein all the

grounds which have been raised in this petition within a

period of 20 days from the date of receipt of this order.

4. In the event, the representation is submitted, the concerned

Superintendent of Police is directed to consider the

submissions/grounds raised in the representation, and

instruct the concerned Investigating Officer to conduct fair,

impartial and expeditious investigation in the matter.

5. The requisite endorsement shall be made in the case diary as

to the consideration of the representation.

6. It is made clear that until the submissions of the accused-

petitioners are not considered or the final result is not

reached; the accused-petitioners shall not be arrested. If still

thereafter it is decided that the arrest has become

imperative; they would be given 15 days notice prior to

affect the arrest.

[2023:RJ-JD:41435] (3 of 3) [CRLMP-7405/2023]

7. It is directed to the officers to strictly follow the provisions of

law and the judgment referred above, it should not be taken

as a formality.

8. In the event, the grievance of the petitioners persists, the

petitioners would be at liberty to approach this Court again.

9. Accordingly, the instant criminal misc. petition is disposed of.

10. The stay application also stands disposed of.

(FARJAND ALI),J 302-Ashutosh/-

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