Rajasthan High Court - Jodhpur
Pankaj Kumar Gupta vs State Of Rajasthan (2024:Rj-Jd:8812) on 20 February, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:8812]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4309/2023
Pankaj Kumar Gupta S/o Aatma Ram Gupta, Aged About 33
Years, 12, Samaj Nav Rachna Sosayati Khodiya Nagar Road
Ahamdabad City Nikol T.b. Nagar, Guj.
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Dev Kishan Chandak S/o Sh. Mohan Lal Chandak, 291 B,
Vardhman Nagar, Chb, Jodhpur City (West) Jodhpur
(Raj.).
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 3911/2021
Amit Sachdev S/o Shri Laxman Das, Aged About 34 Years, R/o
Shop No. D-335, Second Floor, Sumel Business Park, Kankariya
Road, Ahmedabad (Gujarat)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Dev Kishan Chandak S/o Mohan Lal Chandak, R/o 291-B,
Vardhman Nagar, Chopasani Housing Board, Jodhpur City
West (Rajasthan)
----Respondents
S.B. Criminal Misc(Pet.) No. 4120/2021
Lokesh Kumar Bhagwan Das Khatrani S/o Shri Bhagwan Das
Khatrani, Aged About 35 Years, R/o 4/i/11, Shree Balaji Agora,
Sughad, Near Balaji Agora Mall, Sugad, Gandhinagar, Gujarat.
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Dev Kishan Chandak S/o Mohan Lal Chandak, R/o
Neelkanth Textile, Basani, Jodhpur City West, Jodhpur,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Poonam Chandra Purohit
Mr. Anirudh Purohit
Mr. Prashant Kumar Sharma
Mr. Rahul Sharma
Ms. Geeta Panpaliya
For Respondent(s) : Mr. SK Mehar, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
20/02/2024
1. The instant criminal misc. petitions under Section 482 Cr.P.C.
has been preferred by the petitioner for quashing of FIR
[2024:RJ-JD:8812] (2 of 3) [CRLMP-4309/2023]
No.197/2021, Police Station Basni, District Jodhpur City West
for the offences under Sections 406 and 420 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 and submits
the factual report for the perusal of this Court.
4. Heard learned counsel for the petitioner and learned Public
Prosecutor.
5. There is a transnational dispute between the parties. Looking
to the allegations leveled in the FIR and the factual report
submitted by learned Public Prosecutor, I am not inclined to
quash the FIR, however, looking to the fact that 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.
[2024:RJ-JD:8812] (3 of 3) [CRLMP-4309/2023]
6. In the event of filing of the charge-sheet, the Investigating
Officer shall inform the petitioners to appear before the
learned trial Court on the day when the charge sheet would
be submitted. On the day of filing of the charge-sheet and
upon the appearance of the petitioners, the petitioners shall
move a regular bail application under Section 437 of the
Cr.P.C. and whereupon the learned trial Court shall release
them on bail on the very same day; on the amount of surety
and bond as he deems fit.
7. Accordingly, the instant criminal misc. Petition as well as the
stay petition stand disposed.
8. The factual report be taken on record.
(FARJAND ALI),J
413- 415 divya/-
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