Sandeep & Ors vs State & Anr on 26 October, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1564 / 2017

1. Sandeep Sankhla S/o Shri Ghanshyam Sankhla, Aged About 34
Years, R/o M-207 Meghnashalini Apartment, 2nd Floor, Ring Road,
BSK II Stage, Bengaluru.

2. Ghanshyam Sankhla S/o Shri Pukhraj Ji Sankhla, Aged About
58 Years, R/o 338, 1st A Main Road, Jayanagar, 7th Block,
Bengaluru.

3. Dhrendra Sankhla S/o Shri Ghanshyam Sankhla, Aged About 36
Years, R/o M-1602 Meghnashalini Apartment, 16th Floor, Ring
Road, BSK II Stage, Bengaluru.

4. Smt. Pushpa Sankhla W/o Ghanshyam Sankhla, Aged About 56
Years, R/o 338, 1st A Main Road, Jayanagar, 7th Block, Bengaluru.

—-Petitioners
Versus

1. The State of Rajasthan Through P.P.

2. Smt. Vandana Saini W/o Sandeep Sankhla, D/o Shri
Parmeshwar Lal Saini, R/o 336, 1st Main Road, Jayanagar 7th
Block, Bengaluru. Presently Residing At Ward Number 8,
Sardarshahar, Churu.

—-Respondents
__
For Petitioner(s) :Mr. MA Siddiqui
For Respondent(s) : Mr. VS Rajpurohit, PP
Mr. Sudhir Tak
__
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
26/10/2017

1. Petitioners have preferred this misc. petition under

Section 482 of Cr.P.C. for quashing of the FIR No.118/2017 lodged

at Police Station Sardarshahar, District Churu for the offence under

Section 498A, 406, 323 of IPC.

2. Learned counsel for the petitioner states that for the

same incident, the FIR was lodged at Banguluru and the second

FIR has been lodged, which is under challenged. Learned counsel

for the petitioner also states that from bare reading of the FIR, no
(2 of 2)
[CRLMP-1564/2017]

cause of action has been made out against the petitioners.

3. Learned counsel for the petitioners further submits that

the petitioners want to submit a representation alongwith all the

relevant documents before the concerned investigating authority.

4. Learned Public Prosecutor assures this Court that if the

petitioners 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.

5. 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

petitioners 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 petitioners, then the petitioners shall be given

15 days notice before making such arrest. The petitioners shall be

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

(DR. PUSHPENDRA SINGH BHATI)J.

Sudheer choudhary

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