Rajasthan High Court - Jaipur
Umesh Kumar Menariya S/O Devi Lal ... vs State Of Rajasthan on 4 February, 2022
Author: Farjand Ali
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2129/2021
Umesh Kumar Menariya S/o Devi Lal Menariya
----Petitioner
Versus
State Of Rajasthan
----Respondent
Connected With S.B. Criminal Miscellaneous (Petition) No. 1071/2021 Bhagwan Prasad Dadhich S/o Shri Devi Dutt
----Petitioner Versus State Of Rajasthan
----Respondent For Petitioner(s) : Mr. Girraj Prasad Sharma through VC For Respondent(s) : Mr. Arvind Kumar, PP HON'BLE MR. JUSTICE FARJAND ALI Order 04/02/2022 The instant miscellaneous petition has been preferred of quashing of the FIR and all proceedings.
A co-ordinate bench of this Court vide order dated 06.10.2021 had directed learned Public Prosecutor to procure the case diary as well as the status report of the investigation with the stipulation that in the situation of failure of the compliance, the Investigation Officer shall remain present in the Court along with his explanation for non-compliance of the directions issued by this Court on two occasions. Thereafter, the matter was posted on more 2-3 occasions. Lastly, vide order dated 25.01.2022, this Court again directed the learned Public Prosecutor to comply with the directions passed by this Court vide order dated 06.10.2021, (Downloaded on 09/02/2022 at 09:50:31 PM) (2 of 2) [CRLMP-2129/2021] however, to the utter dismay, the orders passed by this Court have been flouted. Neither the case diary nor the Investigating Officer is present before this Court today.
Heard learned counsel for the petitioner. Gone through the contents of the FIR and the other material.
In the totality of the facts and circumstances of the case, this Court deems it appropriate to direct the petitioner to appear before the Investigating Officer of this case on or before 28.02.2022 and to submit a representation to show his innocence.
On appearance of the petitioner, the Investigating Officer shall thoroughly interrogate the petitioner, take on record the representation, consider the submissions made therein.
The petitioner is agreeable that if voice sample would be required, he will make himself available to give the voice sample for the purpose of Voice Spectrography Test. Thereafter, the Investigating Officer shall appear before this Court on 04.03.2022 along with the case diary.
Till the next date, the petitioner shall not be arrested. List these matters on 04.03.2022.
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