Mandatory nature of Sections 41 and 41-A Cr.P.C. and the requirement for Investigating Officers to comply with the procedure laid down under these provisions.

1. - This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner with a prayer for quashing the FIR No.53/2015 dated 20.02.2015 of Police Station, Dungargarh, District Bikaner for the offences punishable under Sections 420, 466, 467, 468, 471 and 474 IPC. It is also prayed that the Investigating Officer may be directed to conduct fair investigation regarding documents on which the petitioner is placing reliance.

2. After attempting to argue the case on merits for quite some time, learned counsel for the petitioner submits that he does not want to press this criminal misc. petition, however, seeks liberty for the petitioner to move a representation before the Investigating Officer along with the documents on which he is placing reliance. Learned counsel for the petitioner has submitted that a direction be issued to the Investigating Officer to take into consideration the representation of the petitioner and the documents on which he is placing reliance and to conduct fair investigation. Learned counsel for the petitioner has also prayed that a direction be issued to the Investigating Officer to comply with the provisions of Sections 41 and 41-A Cr.P.C. while investigating into the allegations levelled in the impugned FIR.

3. Learned Public Prosecutor has submitted that the Investigating Officer, who is investigating into the allegations levelled in the impugned FIR, is obliged to take into consideration the representation as well as the documents, if any to be submitted by the petitioner and he is also obliged to comply with the provisions of Sections 41 and 41-A Cr.P.C. if the same are applicable in the facts and circumstances of the case.

4. In view of the above circumstances, this criminal misc. petition under Section 482 Cr.P.C. challenging the impugned FIR is dismissed as not pressed. However, the petitioner is at liberty to move representation before the Investigating Officer along with the documents on which he is placing reliance. If any such representation is moved on behalf of the petitioner, the Investigating Officer will consider the same along with the documents and to conduct investigation into the allegations levelled in the impugned FIR in a fair manner.

5. So far as regarding the prayer of learned counsel for the petitioner to give a direction to the Investigating Officer to comply with the provisions of Sections 41 and 41-A Cr.P.C. are concerned, this Court is of the opinion that provisions of Sections 41 and 41-A Cr.P.C. are mandatory in nature, therefore, every Investigating Officer is obliged to comply with the procedure laid down under the provisions of Sections 41 and 41-A Cr.P.C. after appreciating the applicability of same in the facts and circumstances of each case. The Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar & Anr. reported in (2014) 8 SCC 273 has also given specific direction to the State Governments to ensure the compliance of the provisions of Sections 41 and 41-A Cr.P.C. Hence, no separate direction is required to be issued in this criminal misc. petition.Stay petition also stands dismissed.Petition dismissed.

*******