HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2509/2018
1. Prabhu Dayal S/o Shri Ram, Aged About 34 Years,
2. Smt. Bhanwari W/o Sri Ram, Aged About 28 Years,
3. Dindayal S/o Sri Ram, Aged About 50 Years,
4. Rajendra S/o Ranjeet Sinwar, Aged About 42 Years,
All by caste Rao, residents of Nearby Merta Bye Pass
Road, Jatav, Napasar, P.S. Napasar, Distt. Bikaner
—-Petitioners
Versus
1. State Of Rajasthan
2. Smt. Kalawati W/o Prabhu Dayal, D/o Megha Ram, B/c
Rao, Presently Resident Of Arjansar, Mahajan P.s.
Loonkaransar, Distt. Bikaner
—-Respondents
For Petitioner(s) : Mr.SK Verma.
For Respondent(s) : Mr.MS Panwar, PP.
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
25/09/2018
1. The petitioners have preferred this criminal misc.
petition under Section 482 Cr.P.C. seeking quashing of FIR
No.47/2018 registered at Police Station Mahajan, District Bikaner
for the offences under Sections 498A, 406 and 323 of IPC.
2. Learned counsel for the petitioners submits that an
application under Section 9 of Hindu Marriage Act for restitution of
conjugal rights was filed on 30.1.2018 and as a counterblast, this
F.I.R. has been filed on 3.7.2018 upon receiving the notices in the
said application.
(2 of 2) [CRLMP-2509/2018]
3. Learned Public Prosecutor submits that if the petitioners
submit a representation alongwith all the necessary documents
before the concerned investigating authority, then the same shall
be considered strictly in accordance with law, before completing
the investigation.
4. In light of the aforesaid assurance given by learned
Public Prosecutor and looking to the fact that the controversy
involved is matrimonial, 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.
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. 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
S.Phophaliya/-
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