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Rajendra Kumar vs State on 21 February, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4220/2018

1. Rajendra Kumar S/o Kheta Ram, Aged About 30 Years,

2. Kheta Ram S/o Nenu Ram, Aged About 55 Years,

3. Seema D/o Kheta Ram, Aged About 33 Years,

4. Phooli Devi W/o Kheta Ram, Aged About 52 Years,
All B/c Jat, R/o Shastri Nagar Barmer, P.S. Kotwali,
Barmer.

—-Petitioners
Versus

1. State of Rajasthan Through PP.

2. Smt. Manu Choudhari W/o Rajendra D/o Mala Ram, B/c
Jat, R/o Shastri Nagar Barmer.

—-Respondents

For Petitioner(s) : Mr.MK Dudi.
For Respondent(s) : Mr.VS Rajpurohit, PP.
Mr.Vineet Dave.

HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

21/02/2019

1. The petitioners have preferred this criminal misc.

petition under Section 482 Cr.P.C. seeking quashing of FIR

No.48/2018 registered at Police Station Mahila, Barmer for the

offence under Sections 498A, 323, 342 406 of IPC.

2. Brief facts of the case are that the complainant/

respondent no.2 is wife of the petitioner no.1. The parties are in

litigation and proceedings under Section 125 Cr.P.C. and under

Section 13 of the Hindu Marriage Act are going on. Another F.I.R.

No.429/2018 is also under investigation at P.S. Kotwali, Barmer

registered at the instance of the petitioner no.1.

(2 of 3) [CRLMP-4220/2018]

3. Learned counsel for the petitioners submits that the

petitioners 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

petitioners submit 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

petitioners submit 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.

6. In the peculiar facts of the case, it would be

appropriate to grant protection from arrest to the petitioners 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 unnecessary hardship to the

accused, who deserves a basic opportunity of explaining their case

before the Investigating Authority without fear of arrest. The

Investigating Officer, however, shall have the liberty of custodial

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
(3 of 3) [CRLMP-4220/2018]

the investigation, the concerned investigating authority needs to

arrest the petitioners, then the petitioners shall be given 15 days’

notice before making such arrest. The petitioners shall be required

to join the investigation. The petitioners shall be at liberty to

approach this Court again, in case need arises.

(DR.PUSHPENDRA SINGH BHATI),J
109-SPhophaliya/-

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