HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 894/2019
Anil Kumar S/o Mool Chand, Aged About 34 Years, B/c Soni , R/o
New Bazar, Borawar, Tehsil Makarana , Nagaur
—-Petitioner
Versus
1. State Of Rajasthan, Through The Secretary , Department
Of Home , Government Of Raj. , Jaipur
2. The Inspentor General Of Police, Ajmer Range , Ajmer
3. The Superintendent Of Police, Nagaur
4. The Station House Officer, P.s. Kuchaman City , Distt.
Nagaur
—-Respondents
For Petitioner(s) : Mr. Dinesh Kumar for Mr. MA Siddiqui
For Respondent(s) : Mr. MS Panwar, PP
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
15/02/2019
1. Petitioner has preferred this misc. petition under
Section 482 of Cr.P.C. for fair investigating in the FIR No.81/2016
lodged at Police Station Kuchaman City, District Nagaur for the
offences under Sections 354, 498A and 406 of IPC.
2. At the outset, learned counsel for the petitioner submits
that the notice under Section 41 of Cr.P.C. was given to the
petitioner, which is on record.
3. Learned counsel for the petitioner submits that
petitioner appeared before the concerned investigating officer
accordingly and cooperated with the necessary investigation. It is
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also contended that the petitioner shall further cooperate with the
investigation, as and when required.
4. Learned counsel for the petitioner, however, submits
that the petitioner wants to submit a representation alongwith all
the relevant documents before the concerned investigating
authority to redress the issue.
5. Learned Public Prosecutor assures this Court that if the
petitioner submits 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.
6. 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 submits 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.
7. In the peculiar facts of the case, it would be
appropriate to grant protection from arrest to the petitioner as it
will be a waste of energy and resources of the Police Department
to run after the accused to complete the related investigation and
without protection it would also cause un-necessary hardship to
the accused, who deserves a basic opportunity of explaining his
case before the Investigating Authority without fear of arrest. The
Investigating Officer, however, shall have the liberty of custodial
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interrogation after giving 15 days’ notice before arrest if required.
In the interest of justice and the facts and circumstances noted by
this Court, the limited protection is justified. Therefore, 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 required
to join the investigation. The petitioner shall be at liberty to
approach this Court again, in case need arises.
(DR. PUSHPENDRA SINGH BHATI),J
121-Sudheer/-
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