Rajasthan High Court - Jaipur
Praveen Jain S/O Babu Lal Jain vs State Of Rajasthan on 4 September, 2021
Author: Satish Kumar Sharma
Bench: Satish Kumar Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3630/2021
Praveen Jain S/o Babu Lal Jain, Aged About 41 Years, R/o 21st
Park Villa, Choratiya City, Keshavpura, Near Kamla Nehru Nagar,
Ajmer Road, Jaipur (Raj).
----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Babu Lal Soni S/o Prabhati Lal Soni, Aged About 64 Years, R/o Jhiri, Police Station Pratapgarh, District Alwar, (Raj).
----Respondents
For Petitioner(s) : Mr. Sandeep Pathak for Ms. Sonia
Shandilya
For Respondent(s) : Mr. Ganesh Saini, PP
HON'BLE MR. JUSTICE SATISH KUMAR SHARMA
Order
04/09/2021
1. This Petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 30/2020 (191/2019) registered at Police Station Pratapgarh District Alwar and Charge sheet No. 18/2020 dated 17.04.2020 for offences under Sections 201 & 120B IPC.
2. Heard learned counsel for both the sides and perused the material made available on record.
3. Learned counsel for the petitioner submits that without initiating proceedings under Section 82 & 83 Cr.P.C., challan under Section 299 Cr.P.C. has been filed against the present petitioner which is a clear violation of the legal mandates. The petitioner is quite innocent and he is ready to join the investigation. He was never absent from th investigation. A totally false and fabricated (Downloaded on 04/09/2021 at 09:31:48 PM) (2 of 3) [CRLMP-3630/2021] FIR has been lodged against him. The impugned FIR deserves to be quashed. Meanwhile further investigation in the matter should be stayed and the petitioner should be given interim protection from any sort of coercive action.
4. Learned Public Prosecutor has opposed the petition.
5. Heard. Considered.
6. On perusal of the case diary in the matter, it is revealed that on non-appearance of the petitioner, arrest warrant under Section 37 of Police Act was issued against the petitioner and after the investigation, the challan under Section 299 Cr.P.C. has been filed.
7. Therefore, looking to the contents of impugned FIR constituting commission of cognizable offence, this court, in view of the recent verdict of the Hon'ble Supreme Court in M/s. Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra [(2021) SCC Online SC 315], does not find any ground to quash the FIR at this juncture or to stay further investigation in the matter. The grounds raised by the petitioner are subject matter of investigation, which is in the exclusive domain of Investigating Agency and the courts are not supposed to interfere with the investigation. However, it is imperative on its part to conduct the investigation in fair and impartial manner strictly in accordance with law, without being influenced by any extraneous consideration. Therefore, keeping in view the facts and circumstances of the case and to enable the petitioner to put forth his case/ stand before the Investigating Officer, but without expressing any opinion on merits, it is directed as under:-
(i) The petitioner shall appear before the Investigating Officer and may submit representation, if any, for (Downloaded on 04/09/2021 at 09:31:48 PM) (3 of 3) [CRLMP-3630/2021] consideration as per law, within seven days from today. Till then the petitioner shall not be arrested.
(ii) Thereafter, the investigating Officer shall be free to arrest the petitioner, if required, subject to bail order, if any.
(iii) Needless to say that in case of apprehension of arrest, the petitioner may seek anticipatory bail, if so advised.
(iv) The Investigation shall be conducted in fair manner strictly in accordance with law without being influenced by any extraneous consideration.
(v) After investigation, police report (Challan/ Final Report) shall be filed before the concerned court to be dealt with as per law.
(vi) Latest status report of investigation shall be produced before this court by the next date positively.
8. The matter be listed on 21.10.2021.
(SATISH KUMAR SHARMA),J SAHIL SONI /30 (Downloaded on 04/09/2021 at 09:31:48 PM) Powered by TCPDF (www.tcpdf.org)