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Kalu Singh vs State Of Rajasthan on 16 January, 2019

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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