Prakash Kanwar vs State Of Rajasthan (2023:Rj-Jd:42750)
2023 Latest Caselaw 10504 Raj

Rajasthan High Court - Jodhpur

Prakash Kanwar vs State Of Rajasthan (2023:Rj-Jd:42750) on 7 December, 2023

Author: Farjand Ali

Bench: Farjand Ali

[2023:RJ-JD:42750]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 6120/2021

1.       Prakash Kanwar W/o J.p. Singh, Aged About 63 Years, R/
         o Hemraj Ki Bari, Phulbagh, Nagori Bera, Jodhpur District
         Jodhpur (Rajasthan)
2.       Vikram Singh S/o J.p. Singh, Aged About 34 Years, R/o
         Hemraj Ki Bari, Phulbagh, Nagori Bera, Jodhpur District
         Jodhpur (Rajasthan)
                                                                   ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through PP
2.       Sapna D/o Jitendra, Aged About 22 Years, R/o Peethas,
         Merta City, District Nagaur (Rajasthan)
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Ripudaman Singh
For Respondent(s)         :     Mr. MA Siddiqui, GA-cum-AAG
                                assisted by Mr. A.R. Malkani
                                Mr. Sunil Purohit
                                Mr. Noor Mohd., Dy.S.P. Merta City,
                                Nagaur



                HON'BLE MR. JUSTICE FARJAND ALI

Order

07/12/2023

1. After arguing the matter to some extent, learned counsel for

the petitioners seeks withdrawal of the instant criminal misc.

petition.

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

as withdrawn.

3. The stay petition also stands disposed of.

4. However, observing that the matter pertains to the marital

strife and as per the investigation, the offences under Sections

498-A, 406 and 323 of the IPC have been proved against the

[2023:RJ-JD:42750] (2 of 2) [CRLMP-6120/2021]

accused party, who are petitioners before this Court. The provision

contained under Section 41 and 41 A of the Cr.P.C. are applicable

mutatis mutandis as well as the judgment passed by Hon'ble the

Supreme Court in the case of Arnesh Kumar v. State of Bihar

[AIR 2014 SC 2756] applies squarely, therefore, this Court

deems it appropriate to direct the Investigating Officer that the

petitioner No.1 Prakash Kanwar W/o J.P. Singh who is an old aged

lady and happens to be the mother-in-law of the complainant shall

not be arrested and instead thereof, she shall be given a notice to

appear before the trial Court on the date when the charge-sheet is

to be submitted.

5. Shri Noor Mohd., Dy.S.P. Merta City, Nagaur is present in

person before this Court and his presence is marked.

(FARJAND ALI),J 168-divya/-

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