Smt. Pushpa vs State Of Rajasthan
2023 Latest Caselaw 9317 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 4776/2023

Smt. Pushpa W/o Mala Ram Lakhara, Aged About 52 Years, R/o

Someshwar, Tehsil Shergarh, District Jodhpur.

----Petitioner

Versus

1. State Of Rajasthan, Through Pp

2. Superintendent Of Police, Jodhpur Rural.

3. Sho Of Shergarh Police Station, District Jodhpur Rural.

----Respondents

For Petitioner(s) : Mr. Bhawesh Kumar Kumawat For Respondent(s) : Mr. Mukhtiyar Khan, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

08/11/2023

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

has been made to the very lodging of the FIR No.135/2023

registered at Police Station Shergarh District Jodhpur Rural for

offence under Sections 451, 341, 323, 354/34 of the 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 it

appropriate to quash the FIR impugned and to hamper the course

(2 of 3) [CRLMP-4776/2023]

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.

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.

(3 of 3) [CRLMP-4776/2023]

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. petition is disposed of.

The stay application also stands disposed of.

(FARJAND ALI),J 465-Mamta/-

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