Rajasthan High Court - Jodhpur
M/S Redbean Hospitality Pvt. Ltd vs State Of Rajasthan (2024:Rj-Jd:51430) on 13 December, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:51430]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 8277/2024
Bobby Singh @ Bittu Singh S/o Shri Sohanlal, Aged About 41
Years, One Of The Directors Of M/s Redbean Hospitality Private
Ltd., R/o 462/1, First Floor, Dashmesh Nagar, Kharar, Punjab,
Second Add.- Sector 117, Scu 165, Tdi City, Mohali, Punjab.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Superintendent Of Police, Distt. Barmer, Raj.
3. Sho, P.s. Kothwali, Barmer.
4. Shri Padam Puri, I.o., P.s. Kotwali, Barmer.
5. Vivek Sharda S/o Shri Yudhistar Sharda, Laxmipur,
Sukhaani Ki Gali, Rai Colony, Barmer.
6. Manoj Sharda S/o Shri Vasudev Sharda, House No. 148,
Laxmipura, Rai Colony, Barmer.
----Respondents
CONNECTED WITH
S.B. Criminal Misc(Pet.) No. 5481/2024
M/s Redbean Hospitality Pvt. Ltd., Through Its Director Bobby
Singh @ Bittu Singh And Smt. Raman Kumari W/o Shri Bobby
Singh @ Bittu Singh Add. Sco 165, Tdi City, Sector 117, Sas
Nagar Mohali, Punjab Second Add. - Flat No. 462/1, First Floor,
Dashmesh Nagar, Kharar, Punjab
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Superintendent Of Police, Dist. Barmer,raj.
3. Sho, P.s. Kothwali, Barmer
4. Icici Bank, Branch Kharar Mohali, Punjab, Through Its
Branch Manager
5. Hdfc Bank, Branch Kharar Mohali, Punjab, Through Its
Branch Manager
6. Vivek Sharda S/o Shri Yudhistar Sharda, R/o Lxamipur,
Sukhaani Ki Gali, Rai Colony, Barmer
7. Manoj Sharda S/o Shri Vasudev Sharda, R/o House No.
148, Laxmipura, Rai Colony, Barmer
----Respondents
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[2024:RJ-JD:51430] (2 of 4) [CRLMP-8277/2024]
For Petitioner(s) : Mr. Pulkeshwar Rajpurohit
Mr. Mahipal Rajpurohit
For Respondent(s) : Mr. Vikram Singh Rajpurohit, Dy.GA
Present in person : Mr. Lachchha Ram, S.I.,
PS Kotwali, District Barmer.
HON'BLE MR. JUSTICE FARJAND ALI
Order 13/12/2024
1. These criminal misc. petitions have been filed on behalf of the petitioners essentially with the following prayers :-
(i) The respondents are directed to conduct fair, proper, impartial and expeditious investigation in the case arising out of FIR No.274/22024 registered at Police Station Kotwali Barmer, District Barmer or in alternate, change of Investigating Officer and quashing of criminal proceedings thereof.
(ii) The order dated 17.02.2024 passed by the SHO, Police Station Kotwali Barmer, District Barmer, freezing the account of the of the petitioners, may kindly be quashed and set aside.
2. Heard learned counsel for the parties and perused the material as made available to this Court.
3. It seems that power has been misused by the Police Officer in mounting pressure upon the petitioners to settle the issue with the complainant. Not only the accounts of the (Downloaded on 16/12/2024 at 09:47:32 PM) [2024:RJ-JD:51430] (3 of 4) [CRLMP-8277/2024] petitioners got freezed but also without their consent. Some amount has been withdrawn from their bank account by the Manager of the bank under the instructions of an order.
4. There are serious aspersions against the SHO of Police Station Kotwali Barmer, District Barmer and his subordinates.
5. Seeking and getting fair, impartial and expeditious investigation is a fundamental, absolute and indefeasible right conferred to every individuals be he is an accused or complainant/ victim of the case.
6. In this view of the matter, these criminal misc. petitions are disposed of with the following directions :-
(a) The Inspector General of Police Range Jodhpur is directed to summon the case file, peruse the same and then hand over the investigation of the same to an officer not below the rank of Additional Superintendent of Police of any district other then Barmer district. He shall ensure the fair and impartial investigation in the matter.
(b) Needful shall be done within a period of 30 days after receipt of a copy of this order.
(c) In the meantime, the petitioners shall not be arrested in connection with the FIR No.274/22024 registered at Police Station Kotwali Barmer, District Barmer.
(d) It is made clear that if, the Investigating Officer, to whom the investigation is assigned, wants to arrest the petitioners, then a prior notice of 20 days shall (Downloaded on 16/12/2024 at 09:47:32 PM) [2024:RJ-JD:51430] (4 of 4) [CRLMP-8277/2024] be given to them so that they may exercise their legitimate rights.
7. Stay petitions are disposed of accordingly.
(FARJAND ALI),J Abhishek Kumar S.Nos.341-342 (Downloaded on 16/12/2024 at 09:47:32 PM) Powered by TCPDF (www.tcpdf.org)