Mukesh Swami vs State Of Rajasthan (2024:Rj-Jd:8583)
2024 Latest Caselaw 1661 Raj

Rajasthan High Court - Jodhpur

Mukesh Swami vs State Of Rajasthan (2024:Rj-Jd:8583) on 19 February, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:8583]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Criminal Misc(Pet.) No. 525/2023

Mukesh Swami S/o Bhanwarlal Swami, Aged About 38 Years, R/o
Ward No. 26, Suratgarh, Sri Ganganagar.
                                                                       ----Petitioner
                                       Versus
1.       State Of Rajasthan, Through PP
2.       Kaluram S/o Khayali Ram, R/o Ward No. 27, Suratgarh,
         Distt. Sri Ganganagar.
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Shreekant Verma
For Respondent(s)            :     Mr. Abhishek Purohit, AGA



                HON'BLE MR. JUSTICE FARJAND ALI

Order

19/02/2024

1. The instant criminal misc. petition under Section 482 Cr.P.C.

has been preferred by the petitioner for quashing of FIR

No.7/2023, Police Station Suratgarh, District Ganganagar for

the offences under Sections 332, 353 and 504 of the IPC.

2. Learned counsel for the petitioner prays for quashing and

setting aside the aforementioned FIR and all further

proceedings in pursuant thereof.

3. Per contra, learned public prosecutor opposes the submission

of learned counsel for the petitioner for quashing of the FIR

and all further proceedings in pursuant thereof.

4. Heard learned counsel for the petitioner and learned Public

Prosecutor.

5. Looking to the allegations leveled in the FIR, I am not

inclined to quash the FIR, however, looking to the fact that

[2024:RJ-JD:8583] (2 of 2) [CRLMP-525/2023]

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 Bihar : AIR 2014 SC 2756 squarely

applies, the Investigating Officer shall adhere to the

aforesaid legal situation and shall not affect the arrest

during investigation, instead thereof, he shall be given 15

days' prior notice so that he may exercise his legitimate

rights.

6. Accordingly, the instant criminal misc. Petition as well as the

stay petition stand disposed.

(FARJAND ALI),J

649-Ashutosh/-

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