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Ritesh Mundra vs State on 2 March, 2020

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 779/2020

1. Ritesh Mundra S/o Late Shri Om Prakash, Aged About 31
Years, By Caste Maheshwari, R/o Abhishek Residency 2
Flat C – 804 In Front Bhagtidham Temple, Puna Patiya,
Surat, Gujarat.

2. Smt. Saraswati Mundra W/o Late Shri Om Prakash, Aged
About 51 Years, By Caste Maheshwari, R/o Abhishek
Residency 2 Flat C – 804 In Front Bhagtidham Temple,
Puna Patiya, Surat, Gujarat.

3. Smt. Pooja Rathi W/o Shri Nitin Rathi, Aged About 29
Years, By Caste Maheshwari, R/o Near Intercity Hall,
Patiya, Surat, Gujarat.

—-Petitioners
Versus

1. State, Through P.P

2. Smt. Lata Rathi W/o Shri Ritesh Mundra D/o Shri
Radheyshyam Ji Rathi, Rathi Man Niwas, 9Th Chopasni
Road, Sargara Colony, Jodhpur.

—-Respondents

For Petitioner(s) : Mr. Mahesh Thanvi
For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON’BLE MR. JUSTICE SANDEEP MEHTA

Order

02/03/2020

The instant criminal misc. petition has been preferred by the

petitioners for quashing of FIR No.27/2020 registered at Mahila

Police Station District Jodhpur City (West) for offences under

Sections 498A, 406 323 IPC.

Learned counsel Shri Mahesh Thanvi urges that ex-facie the

allegations levelled in the impugned FIR are false and fabricated.

There was a trivial incident between the complainant and the

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(2 of 2) [CRLMP-779/2020]

petitioner No.1 at Surat and on a complaint being lodged, the

petitioner No.1 was arrested under Section 151 Cr.P.C. Now the

present FIR has been lodged with highly exaggerated and cooked

up allegations implicating the mother-in-law and married sister-in-

law in the case without there being any justification whatsoever.

He thus, urges that the impugned FIR deserves to be quashed.

The matter requires consideration.

Issue notice of the misc. petition as well as the stay

application to the respondents. Learned Public Prosecutor accepts

notice on behalf of the respondent State. Thus, notice be issued to

respondent No.2 only. The petitioner No.1 shall appear before the

IO and shall cooperate in investigation. The IO shall conduct

thorough investigation into the matter and forward the detailed

factual report to the learned Public Prosecutor by the next date of

hearing.

Till next date, no coercive action shall be taken against the

petitioners in connection with FIR No.27/2020 registered at Mahila

Police Station, District Jodhpur (West).

List on 22.04.2020.

(SANDEEP MEHTA),J
74-Sudhir Asopa/-

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