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Anil Kumar vs State Of Rajasthan on 15 February, 2019

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
(2 of 3) [CRLMP-894/2019]

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
(3 of 3) [CRLMP-894/2019]

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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