HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 256/2019
Kalu Singh S/o Shri Bakhtawar Singh, by caste Ravna Rajput,
Aged About 45 Years, R/o Kumharon Ki Dhani, Siwana, PS
Siwana, Dist Barmer.
—-Petitioner
Versus
1. State Of Rajasthan
2. Ganesh Kanwar wife of Shri Kalu Singh, by caste Ravna
Rajput, R/o Goliya Bhaylan, Siwana, PS Siwana, District
Barmer.
—-Respondents
For Petitioner(s) : Mr.SK Poonia.
For Respondent(s) : Mr.VS Rajpurohit, PP.
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
16/01/2019
1. The petitioner has preferred this criminal misc. petition
under Section 482 Cr.P.C. seeking quashing of FIR No.3/2019
registered at Police Station Siwana, District Barmer for the offence
under Sections 498A, 406 323 of IPC.
2. Learned counsel for the petitioner submits that the
petitioner and the respondent no.2 are in wedlock for more than
21 years and a son aged 16 years was born out of this wedlock.
Learned counsel for the petitioner submits that the petitioner filed
an application under Section 13 of the Hindu Marriage Act against
the respondent no.2 on 23.5.2018 and the notices issued in the
said application were served upon the respondent no.2 on
28.9.2018. Learned counsel for the petitioner submits that as a
counter blast, the present FIR has been filed on 7.1.2019.
(2 of 2) [CRLMP-256/2019]
3. Learned counsel for the petitioner thus submits that the
petitioner may be permitted to move a representation along with
all relevant documents before the I.O. bringing all the facts to his
notice.
4. Learned Public Prosecutor assures this Court that if the
petitioner submits 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
petitioner submits 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 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. However,
it is made clear that the petitioner shall be required to join and
completely co-operate with the investigation.
(DR.PUSHPENDRA SINGH BHATI),J
127-SPhophaliya/-
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