Exercise of abundant caution in the wake of COVID-19 and granting limited protection from arrest based on the peculiar facts of the case.

JUDGMENT

Pushpendra Singh Bhati, J. - In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

2. The petitioners have preferred this criminal misc. petition under Section 482 Cr.P.C. seeking quashing of FIR No.210/219 registered at Police Station Bhopalgarh, District Jodhpur Rural for the offences punishable under Sections 457 & 323 of IPC and Sections 3(2)(va) and 3(2)(vi) of SC/ST (Prevention of Atrocities) Act Cases, 1989.

3. Learned counsel for the petitioners submits that the respondent No.2 is the tenant of the petitioners and exaggerated allegations have been made upon the whole family.

4. Learned counsel for the petitioners further submit that the petitioners want to submit a representation alongwith all the relevant documents before the concerned investigating authority to redress the issue.

5. Learned Public Prosecutor assures this Court that if the petitioners submit a representation along with all the necessary documents before the concerned investigating authority within a period of ten days from today, then the same shall be considered and decided strictly in accordance with law, before completing the investigation.

6. 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.

7. 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 un-necessary hardship to the accused, who deserves a basic opportunity of explaining his 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 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. The petitioners shall be required to join the investigation.