Rajasthan High Court - Jodhpur
Smt. Pushpa Devi vs State Of Rajasthan on 8 September, 2022
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 331/2022
1. Smt. Pushpa Devi W/o Sh. Moola Ram, Aged About 56 Years, Vishwakarma Nagar, Denok, Jodhpur, Raj.- 342308.
2. Sh. Moola Ram Suthar S/o Sh. Paburam Suthar, Aged About 55 Years, Telheti Choraha, Danvav, Shantivan, Abu Road, Dist. Sirohi, Raj.- 307510.
----Petitioners Versus
1. State Of Rajasthan, Through The Sho, Abu Road.
2. Indresh Badola S/o Lt. Manmohan Badola, C-6, Officers Colony, Modern Insulator, Telheti, Danvav, Abu Road, Sirohi, Raj.- 307510.
3. Gurbindar Singh S/o Sardar Prem Singh, Aged About 46 Years, Plot No. 9, Raj Hans Township, Karoli, Teh. Abu Road, Sirohi, Raj.
4. Smt. Pooja Rani W/o Sh. Jeevan Singh, Aged About 42 Years, Raj Yogi Colony, Shantivan, Danvav, Abu Road, Sirohi, Raj.
----Respondents For Petitioner(s) : Mr. Sandeep Bhandawat For Respondent(s) : Ms. Anita Gehlot, P. P. JUSTICE DINESH MEHTA Order 08/09/2022
1. The present petition under Section 482 of the Criminal Procedure Code has been filed by the petitioners for quashment of FIR No.0103/2022 registered at Police Station Abu Road, District Sirohi,vide which allegations under Sections 420 & 406 of IPC, have been levelled against the petitioners.
2. Having regard to the allegations made in the FIR, this Court deems it appropriate to direct the petitioners to appear before (Downloaded on 08/09/2022 at 11:33:44 PM) (2 of 2) [CRLW-331/2022] the Investigating Officer, as they have not yet joined the investigation.
3. The petitioners may file a representation within a period of ten days before the Investigating Officer, who shall consider the same in accordance with law.
4. In case the Investigating Officer comes to the conclusion that a cognizable offence is made out against the petitioners, he shall issue a notice to the petitioners as required under Section 41-A of the Code of Criminal Procedure, before arresting them.
5. The criminal misc. petition so also stay petition stands disposed of accordingly.
6. Needless to observe that the petitioners' remedy for taking appropriate remedies qua such notice (under Section 41-A of Cr.P.C.) shall stand reserved.
(DINESH MEHTA),J 300-A.Arora/-
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