Ankit Awasthi & Ors vs State & Anr on 17 November, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3994 / 2017

1. Ankit Awasthi S/o Shri Ram Kumar Awasthi, Aged About 27
Years, Resident of Chak 4 JSD, Jetsar, Tehsil Vijaynagar, District
Sri Ganganagar.

2. Ram Kumar Awasthi S/o Shri Radha Krishan Awasthi, Resident
of Chak 4 JSD, Jetsar, Tehsil Vijaynagar, District Sri Ganganagar.

3. Meera Awasthi W/o Shri Ram Kumar Awasthi, Resident of Chak
4 JSD, Jetsar, Tehsil Vijaynagar, District Sri Ganganagar.

—-Petitioners
Versus

1. State of Rajasthan Through Public Prosecutor.

2. Rashmi Upadhyay D/o Shri Narendra Mohan, Resident of MD- 7,
Mansarovar Colony, Behind Nosegay School, Sri Ganganagar.

—-Respondents
__
For Petitioner(s) : Mr. Lokesh Mathur
For Respondent(s) : Mr. M.S. Panwar, PP
__
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
17/11/2017

1. The petitioners have preferred this criminal misc.

petition under Section 482 Cr.P.C. for quashing of FIR

No.0123/2017 registered at Police Station Mahila Thana, District

Sri Ganganagar for the offences under Sections 498A 406 of

IPC.

2. Learned counsel for the petitioners states that the

complete set of allegations have happened only in Uttar Pradesh

which is clear from the bare reading of FIR. It is further stated

that on bare reading of FIR, no specific allegations are there

against the petitioner No.2 3 and the allegations against the
(2 of 2)
[CRLMP-3994/2017]

petitioner No.1 are vague and on the face of it are highly

improbable.

3. At the outset, learned counsel for the petitioners states

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 alongwith all the necessary

documents before the concerned investigating authority within a

period of fifteen 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 alongwith all the necessary

documents before it within a period of fifteen 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.

However, it is made clear that the petitioners shall be required to

join and completely co-operate with the investigation.

(DR. PUSHPENDRA SINGH BHATI)J.

zeeshan/

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