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Ramchandra Choudhary vs State Of Rajasthan on 13 December, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4194/2018

1. Ramchandra Choudhary S/o Sh. Hem Raj Choudhary,
Aged About 50 Years,

2. Smt. Pushpa Bai W/o Sh. Ram Chandra Choudhary, Aged
About 50 Years,

3. Smt. Indra W/o Sh. Kailashji, Aged About 30 Years,
All are B/c Choudhary, R/o Kharol Colony, Hanuman
Colony , Fatehpura, Amba Mata, Udaipur (Raj)

—-Petitioners
Versus

1. State Of Rajasthan, Through PP.

2. Smt. Urmila Choudhary W/o Pawan Kumar Choudhary
W/o Pawan Kumarr Choudhary, House No 347, Ayad Main
Road, Near Jain Temple , Bhupalpura, Udaipur (Raj)

—-Respondents

For Petitioner(s) : Mr.Rajiv Bishnoi.
For Respondent(s) : Mr.MS Panwar, PP.

HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

13/12/2018

1. The petitioner has preferred this criminal misc. petition

under Section 482 Cr.P.C. seeking quashing of FIR No.110/2018

registered at Police Station Mahila Thana, Udaipur for the offence

under Sections 498A 406 of IPC.

2. Learned counsel for the petitioners submits that a

divorce petition was filed by husband Pawan Kumar on 22.1.2018

and when the notices of such petition were served upon the

respondent no.2 wife, she has lodged the present FIR as a

counterblast.

3. Learned counsel for the petitioners submits that the

allegations in the FIR are absolutely false. The petitioners are
(2 of 2) [CRLMP-4194/2018]

father-in-law, mother-in-law and sister-in-law of the respondent

no.2. 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 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 petitioners, then the petitioners shall be given

15 days notice before making such arrest. The petitioners shall be

at liberty to approach this Court again, in case need arises.

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
38-SPhophaliya/-

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