Rajasthan High Court - Jodhpur
Gajendra Sharma vs State Of Rajasthan on 1 September, 2022
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 1387/2022 Gajendra Sharma S/o Sh. Ramesh Sharma, Aged About 45 Years, Mahadev Gali, Falna, Teh. Bali Dist. Pali.
----Petitioner Versus
1. State Of Rajasthan
2. Mohammed Salim S/o Mohammed Khan, Aged About 42 Years, B/c Qureshi, R/o Behind Madarsa, Indira Colony, Bedal Road, Falna Police Station Falna Dist. Pali.
----Respondents For Petitioner(s) : Mr. Rajendra Singh Chouhan For Respondent(s) : Mr. Anees Bhurat, Public Prosecutor JUSTICE DINESH MEHTA Order 01/09/2022
1. The present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') has been filed by the petitioner for quashment of the FIR No.09/2021, registered at P.S. Falna, District Pali vide which allegations for the offences under Sections 420 & 406 of Indian Penal Code have been levelled against the petitioner.
2. On perusal of the contents of the FIR, this Court is of the view that the same is subservient to factual investigation.
3. Learned Public Prosecutor submits that the petitioner has not joined the investigation so far.
4. Having regard to the allegations made in the FIR, this Court deems it appropriate to direct the petitioner to join the investigation on or before 09.09.2022 and file his representation (Downloaded on 01/09/2022 at 08:46:06 PM) (2 of 2) [CRLMP-1387/2022] before the Investigating Officer, who shall consider the same in accordance with law.
5. In case the Investigating Officer comes to the conclusion that a cognizable offence is made out against the petitioner, he shall issue a notice to the petitioner as required under Section 41- A of the Code of Criminal Procedure.
6. The criminal misc. petition so also stay petition stands disposed of accordingly.
7. Needless to observe that the petitioner's remedy for taking appropriate legal course in his defence(s) shall stand reserved.
(DINESH MEHTA),J 5-Ramesh/-
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