Rajasthan High Court - Jaipur
Chintan Sanghavi S/O Shri Mahendra ... vs State Of Rajasthan on 19 January, 2022
Author: Farjand Ali
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 7525/2021
Chintan Sanghavi S/o Shri Mahendra Sanghavi, Aged About 41
Years, Resident Of B-201, Vesta Building, Near Sidhi Vinayak
Mandir, 95 Feet Road, Panth Nagar, Ghatkopar, East Mumbai.
----Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Jaswant S/o Shri Ramchand Yadav, R/o -Hul Mana Khurd,
Shahjahanpur District- Bhiwadi, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Nitin Jain, through VC.
For Respondent(s) : Mr. M.S. Saini, PP.
HON'BLE MR. JUSTICE FARJAND ALI
Order
19/01/2022
The instant criminal misc. petition has been preferred under Section 482 Cr.PC for quashing of FIR No.230/2021 Registered at P.S. Paniyala, Jaipur for offence under Sections 341, 506, 379, 323 IPC and 3/25 of the Arms Act.
Heard learned counsel for the petitioner and the learned Public Prosecutor for State. Perused the material available on record. After going through the facts of the FIR, instead of quashing the FIR and impeding the course of investigation, looking to the peculiar facts & circumstances of the case, and the fact that the offence is exclusively triable by the court of Magistrate, I deem it appropriate to direct the petitioner to submit a detailed representation to the concerned Superintendent of Police averring therein all the grounds which have been raised in this petition (Downloaded on 25/01/2022 at 09:42:44 PM) (2 of 2) [CRLMP-7525/2021] within a period of 20 days from the date of receipt of this order. 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. The requisite endorsement shall be made in the case diary as to the consideration of the representation.
It is made clear that until the submissions of the accused- petitioner are not considered or the final result is not reached; the accused-petitioner shall not be arrested. If still thereafter it is decided that the arrest has become imperative; he would be given 15 days notice prior to affect the arrest. The provisions contained in Section 41 of the CrPC as well as the direction passed by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar & anr. shall be followed/applied in its correct letter and spirit, just to avoid the contemptuous situation.
If it is flouted by the Officers and the same is brought to the notice of this court, this court would be constrained to take appropriate actions and to pass orders averse to the interest of the agency.
Needless to say that in such an event, the petitioner would be at liberty to approach this court again.
Accordingly, the instant criminal misc. petition is disposed of. The stay application/petition also stands disposed of.
(FARJAND ALI),J PREETI VALECHA /55 (Downloaded on 25/01/2022 at 09:42:44 PM) Powered by TCPDF (www.tcpdf.org)