Praveen vs State Of Rajasthan (2025:Rj-Jd:3577)
2025 Latest Caselaw 4951 Raj

Rajasthan High Court - Jodhpur

Praveen vs State Of Rajasthan (2025:Rj-Jd:3577) on 20 January, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:3577]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Criminal Misc(Pet.) No. 7091/2023
Praveen S/o Shri Babulal Jain, Aged About 32 Years, R/o 19
Krishna Nagar Ps Chopasni Housing Board, Dist. Jodhpur.
                                                                      ----Petitioner
                                        Versus
1.       State Of Rajasthan, Through PP
2.       Mardula Chaudhary S/o Deepak Singh Chaudhary, Aged
         About 34 Years, R/o 261 Saraswati Nagar Basni, Jodhpur,
         Dist. Jodhpur.
                                                                   ----Respondents


For Petitioner(s)             :     Mr. Kunal Bishnoi
                                    Mr. Dinesh
For Respondent(s)             :     Mr. Vikram Singh Rajpurohit, Dy.G.A.
                                    Mr. Ravindra Singh Bhati, Asst.G.A.
For Complainant               :     Mr. Himmat Jagga
                                    Ms. Tania Chugh



                 HON'BLE MR. JUSTICE FARJAND ALI

Order

20/01/2025

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

has been preferred by the petitioner for quashing of FIR

No.247/2023 registered at Police Station Shashtri Nagar,

District Jodhpur City West for the offence under Sections 406

and 120-B of the IPC.

2. Learned counsel for the petitioner prays for quashing the

aforementioned FIR and all further proceedings in pursuant

thereof.

3. Per contra, learned Deputy Government Advocate as well as

learned counsel for the complainant-respondent No.2

opposes the submission of learned counsel for the petitioner

[2025:RJ-JD:3577] (2 of 3) [CRLMP-7091/2023]

for quashing of the FIR and all further proceedings in

pursuant thereof.

4. Heard learned counsel for the parties.

5. There are allegations that the complainant handed over a

movable property to the petitioner, which was not returned

upon demand. There are also allegations that he

misappropriated the property by taking it for his own use.

The police report has submitted by the learned Deputy

Government Advocate revealing that after investigation, the

allegations have been found proved.

6. In this view of the matter, no case for quashing of the FIR is

made out but there are certain circumstances persuading to

this Court to pass an appropriate order so that fundamental

right of the petitioner regarding his liberty may be protected

since the offences alleged against the petitioner are triable

by the Court of Magistrate and do not contain the maximum

punishment of more than 7 years, therefore, the provisions

contained under Sections 41 and 41-A of the CrPC are

applicable mutatis mutandis and the judgment rendered by

Hon'ble Supreme Court in the case of Arnesh Kumar Vs.

State of Bihar reported in AIR 2014 SC 2756 applies

squarely in the present case.

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

with the following directions :-

(i) The petitioner shall not be arrested during the entire

course of investigation.

(ii) In the event offence is found to be proved and

charge-sheet is to be submitted then instead of affecting

[2025:RJ-JD:3577] (3 of 3) [CRLMP-7091/2023]

arrest, the petitioner shall be directed to remain

present before the trial court, where the charge-sheet

would be submitted.

(i) On the day of filing of the charge-sheet and upon the

appearance of the petitioner, he shall move a regular

bail application and whereupon the learned trial Court

shall release him on bail on the very same day; on the

amount of surety and bond as it deems fit.

8. Stay petition also stands disposed of.

9. Nothing precluded the petitioner to raise his grounds before

the learned trial Court at appropriate stage.

(FARJAND ALI),J 14-Ashutosh/-

Powered by TCPDF (www.tcpdf.org)