Rajasthan High Court - Jaipur
Ram Narayan Saini S/O Shri Kajor Mali vs State Of Rajasthan on 27 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. 6002/2021
Ram Narayan Saini S/o Shri Kajor Mali, Aged About 52 Years,
R/o 16, Green Town Benad Road, Jaipur, District Jaipur.
----Petitioner
Versus
1. State of Rajasthan, through P.P.
2. Gopal Sabu Son Of Damodar Prasad Sabu, Resident Of Ct
Bus Stand Ringus, District Sikar (Raj) At Present 629,
Scheme No. 4, Machda, Harmada, Jaipur (West),
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Bhuwnesh Sharma Mr. Vikas Bunkar For Respondent(s) : Mr. Atul Sharma, PP HON'BLE MR. JUSTICE SATISH KUMAR SHARMA Order 27/09/2021
1. This Petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.0840/2019 registered at Police Station Jhotwara, Jaipur (West) for offences under Sections 420 and 406 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 the petitioner is quite innocent. He is being falsely implicated in this case. The dispute is of civil nature, which is being given criminal colour. The FIR was registered on 8-8-2019, wherein the Investigating Officer is adament to arrest the petitioner with the allegation that he has forged signatures of his wife. Whereas, it is conclusively proved by (Downloaded on 27/09/2021 at 09:41:07 PM) (2 of 3) [CRLMP-6002/2021] the FSL that signatures have not been forged by the petitioner, rather the same have been forged by Anil Srivastava. The documents of petitioner submitted as security to the loan have been misused. This is a case of clear abuse of process. 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. 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 (Downloaded on 27/09/2021 at 09:41:07 PM) (3 of 3) [CRLMP-6002/2021] Officer and may submit representation, if any, for consideration as per law, within seven days from today. In the peculiar circumstances of the case wherein investigation is pending for more than two years, the petitioner shall not be arrested without prior notice of seven days.
(ii) The Investigation shall be conducted in fair manner strictly in accordance with law without being influenced by any extraneous consideration.
(iii) After investigation, police report (Challan/ Final Report) shall be filed before the concerned court to be dealt with as per law.
(iv) Latest status report of investigation shall be produced before this court by the next date positively.
The matter be listed on October 23, 2021.
(SATISH KUMAR SHARMA),J Arn/46 (Downloaded on 27/09/2021 at 09:41:07 PM) Powered by TCPDF (www.tcpdf.org)