Rajasthan High Court - Jodhpur
Ramdeo vs State Of Rajasthan on 3 February, 2021
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 720/2021
1. Ramdeo S/o Shri Budha Ram Jangra, Aged About 49
Years, Near Ambika Ashrama, Banar Road, P.s. Banar,
Jodhpur.
2. Smt. Vandana W/o Ramdeo Gangra, Aged About 41
Years, Near Ambika Ashrama, Banar Road, P.s. Banar,
Jodhpur.
3. Bhuwan S/o Ramdeo Jangra, Aged About 19 Years, Near
Ambika Ashrama, Banar Road, P.s. Banar, Jodhpur.
----Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. Suman Sharma W/o Shri Rameshwar Jangra, 108, Baba
Ramdev Colony, Suthala, Chopasani Road, Jodhpur.
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 721/2021
Rameshwar Jangra S/o Shri Budha Ram, Aged About 41 Years,
Near Ambika Asharam Banar Road, Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Suman Sharma W/o Shri Rameshwar Jangra, 108, Baba
Ramdev Colony, Suthala, Chopasani Road, Jodhpur.
----Respondents
For Petitioner(s) : Mr.Ankur Mathur.
For Respondent(s) : Mr.Laxman Solanki, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 03/02/2021
1. In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court. (Downloaded on 04/02/2021 at 09:07:35 PM)
(2 of 3) [CRLMP-720/2021]
2. The instant misc. petitions under Section 482 Cr.P.C. have been filed on behalf of the petitioners seeking quashing of the F.I.R. No.156/2020 lodged at Mahila Police Station, Jodhpur City West.
3. Learned counsel for the petitioners submits that the matrimonial dispute seems to have been stretched out for ulterior motives.
4. Thus, learned counsel for the petitioners submits that the petitioners want to submit a representation alongwith all the relevant documents before the concerned investigating authority to redress the issue.
5. Learned Public Prosecutor assures this Court that if the petitioners submit a representation along with all the necessary documents before the concerned investigating authority within a period of fifteen days from today, then the same shall be considered and decided strictly in accordance with law, before completing the investigation.
6. In light of the aforesaid assurance given by learned Public Prosecutor, the present misc. petitions are disposed of with a direction to the concerned investigating authority that in case the petitioners submit a representation along with all the necessary documents before it within a period of fifteen days from today, then the same shall be considered and decided before completing the investigation, strictly in accordance with law and as per the assurance given by the learned Public Prosecutor.
7. In the peculiar facts of the case, it would be appropriate to grant protection from arrest to the petitioners as it (Downloaded on 04/02/2021 at 09:07:35 PM) (3 of 3) [CRLMP-720/2021] will be a waste of energy and resources of the Police Department to run after the accused to complete the related investigation and without protection it would also cause unnecessary hardship to the accused, who deserves a basic opportunity of explaining their case before the Investigating Authority without fear of arrest. The Investigating Officer, however, shall have the liberty of custodial interrogation after giving 15 days' notice before arrest if required. In the interest of justice and the facts and circumstances noted by this Court, the limited protection is justified. Therefore, if during the investigation, the concerned investigating authority needs to arrest the petitioners, then the petitioners shall be given 15 days' notice before making such arrest. The petitioners shall be required to join the investigation. The petitioners shall be at liberty to approach this Court again, in case need arises.
8. The stay petitions also stand disposed of.
(DR. PUSHPENDRA SINGH BHATI),J 232-233-SPhophaliya/-
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