Harshad Panchal vs State & Anr on 13 September, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3337 / 2015
Harshad Panchal S/o Shri Devi Lal Panchal, resident of Quarter
No.R 3/1, RSEB Colony, near general hospital, Dungarpur.

—-Petitioner
Versus

1. State of Rajasthan.

2. Smt. Heena W/o Harshad Panchal, resident of C/o Yash Panchal
“Hem Kunj” Pragati Nagar Gali No.3, near Bheroji Mandi, near
Kamal Acharya Home, Banswara, permanently residing at VOP
Parsola, Tehsil Dariwar, District Pratapgarh.

—-Respondent
Connected With
S.B. Criminal Misc(Pet.) No. 3362 / 2015
Harshad Panchal S/o Shri Devi Lal Panchal, resident of Quarter
No.R 3/1, RSEB Colony, near general hospital, Dungarpur.

—-Petitioner

Versus

State of Rajasthan.

—-Respondent
__
For Petitioner(s) : Dr. Sachin Acharya.
For Respondent(s) : Mr. VS Rajpurohit PP for the State.

Mr. Anupam Vyas.

__
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
13/09/2017

1. The petitioner has preferred this misc. petition under

Section 482 of Cr.P.C. for quashing FIR No.311/2015 dated

18.09.2015 lodged at Police Station Kotwali, District Dungarpur for

the offence under Section 498A of IPC.

2. At the outset, learned counsel for the petitioner
(2 of 2)
[ CRLMP-3337/2015]

submits that the petitioners want to submit a representation

alongwith all the relevant documents before the concerned

investigating authority.

3. Learned Public Prosecutor assures this Court that if the

petitioner submit a representation along with all the necessary

documents before the concerned investigating authority within a

period of ten days from today, then the same shall be considered

and decided strictly in accordance with law, before completing the

investigation.

4. In light of the aforesaid assurance given by learned

Public Prosecutor, the present misc. petition is disposed of with a

direction to the concerned investigating authority that in case the

petitioner submit a representation along with all the necessary

documents before it within a period of ten days from today, then

the same shall be considered and decided before completing the

investigation, strictly in accordance with law and as per the

assurance given by the learned Public Prosecutor. However, if

during the investigation, the concerned investigating authority

needs to arrest the petitioner, then the petitioner shall be given 15

days notice before making such arrest. The petitioner shall be at

liberty to approach this Court again, in case need arises.

5. However, the investigation shall be conducted in

accordance with representation and same shall be concluded only

after taking representation fully into consideration.

(DR. PUSHPENDRA SINGH BHATI)J.

ck

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