Vandana Khatri vs State Of Rajasthan (2023:Rj-Jd:40711)
2023 Latest Caselaw 10079 Raj

Rajasthan High Court - Jodhpur

Vandana Khatri vs State Of Rajasthan (2023:Rj-Jd:40711) on 24 November, 2023

Author: Farjand Ali

Bench: Farjand Ali

[2023:RJ-JD:40711]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 7383/2023

Vandana Khatri W/o Late Shri Harish Khatri, Aged About 48
Years,    R/o    House    No.     154-7,       Mohan         Colony,   Banswara,
Rajasthan.
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Kailash Chandra, Si, Police Station, Rajtalab, Banswara.
                                                                 ----Respondents
                              Connected with


                S.B. Criminal Misc(Pet.) No. 7384/2023

 Surendra Khatri S/o Bhagwam Das, Aged About 50 Years, R/o
 Pratap Circle Udaipur Rd., Banswara, Rajasthan.
                                                                    ----Petitioner
                                    Versus
 1.       State Of Rajasthan, Through Pp
 2.       Kailash Chandra, Si, Police Station, Rajtalab, Banswara.
                                                                 ----Respondents
                              Connected with




For Petitioner(s)         :     Mr. Himanshu Choudhary
                                Mr. Naresh Tak
For Respondent(s)         :     Mr. Mahipal Bishnoi, PP



                HON'BLE MR. JUSTICE FARJAND ALI

Order

24/11/2023

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

has been made to the very lodging of the FIR No.271/2023

registered at Police Station Rajtalab, District Banswara for the

[2023:RJ-JD:40711] (2 of 3) [CRLMP-7383/2023]

offences under Sections 420, 120B of the IPC and under Sections

19, 54, 54(A) and 54(D) of the Rajasthan Excise Act.

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 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.

[2023:RJ-JD:40711] (3 of 3) [CRLMP-7383/2023]

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.

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 petitioner persists, the

petitioner would be at liberty to approach this Court again.

9. Accordingly, the instant criminal misc. petitions are disposed

of.

10. The stay applications also stand disposed of.

(FARJAND ALI),J 524-Mamta/-

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