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2021 Supreme(Raj) 613
IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Satish Kumar Sharma, J.
Mukesh Kumar Choudhary & Ors. - Appellants
Versus
State Of Rajasthan & Ors. - Respondents
S.B. Criminal Miscellaneous (Petition) No. 236/2013
Decided on : 23-07-2021
Mr. Parth Sharma for Mr. Deepak Asopa, Advocaye, for the Petitioner; Mr. Shyam Prakash Sharma, PP, for the Respondent; None, for the Complainant
The court applied the interpretation of the interim stay order and the Supreme Court verdict to allow the investigation to proceed while providing protection from arrest with prior notice.
Headnote:
Section 482 Cr.P.C. - Quashing of FIR - Interpretation of interim stay order - Application of the verdict of the Hon'ble Supreme Court in the case of M/s. Neeharika Infrastructure Pvt. Limited v. State of Maharashtra
Fact of the Case:
The petition was filed for quashing of FIR registered for various offenses. The matter came up for vacation of the interim stay order directing further investigation to remain stayed.
Finding of the Court:
The court modified the interim stay order to allow the investigation to continue and be concluded expeditiously. The petitioners were directed to join the investigation and appear before the Investigating Officer by a specified date, with protection from arrest for seven days' notice.
Issues: Interpretation of the interim stay order, application of the Supreme Court verdict, protection from arrest, and direction to join the investigation.
Ratio Decidendi: The court relied on the verdict of the Hon'ble Supreme Court in the case of M/s. Neeharika Infrastructure Pvt Ltd. to modify the interim stay order and allow the investigation to proceed, while providing protection from arrest with prior notice.
Final Decision: The interim stay order was modified to allow the investigation to continue, with the petitioners directed to join the investigation and appear before the Investigating Officer by a specified date, with protection from arrest for seven days' notice.
JUDGMENT
1. This Petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.2/2013 registered at Police Station Baswa, Dausa for offences under Sections 341, 323, 451, 354, 504 IPC and Section 3(1)(x) SC/ST Act.
2. This matter has come up on application for vacation of the interim stay order dated 31-1-2013, whereby it was directed that further Investigation in FIR shall remain stayed.
3. Heard learned counsel for both the sides and perused the material made available on record.
4. Learned Public Prosecutor submits that investigation in the matter is stalled due to the interim stay order dated 31-1-2013, which deserves to be vacated in view of the verdict of the Hon'ble Supreme Court in the case of M/s. Neeharika Infrastructure Pvt. Limited v. State of Maharashtra [(2021) SCC Online SC 315].
5. Learned counsel for the petitioners submits that totally false and fabricated case has been lodged. The petitioners are ready to cooperate in investigation, but they should be protected from arrest.
6. In view of above mentioned judgment of the Apex Court in the case of M/s. Neeharika Infrastructure Pvt Ltd. (supra) and keeping in view all facts and circumstances of the case the interim stay order dated 31-1-2013 is modified/ clarified to the effect that investigation in the matter shall continue and the same be concluded expeditiously. The petitioners shall join the investigation and shall appear before the Investigating Officer on or before 30-7-2021 and as and when they are called upon to do so. After completion of investigation, the police report (challan/ FR) shall be presented before the concerned court. However, the petitioners shall not be arrested without prior notice of seven days.
7. It is made clear that in case the accused petitioners fail to join the investigation, the Investigating Officer shall be free to arrest them forthwith, if so required, subject to bail order, if any.
8. Learned Public Prosecutor is directed to call for the status report of investigation.
9. List the matter on 13-8-2021.
10. Application No.3157/2017 for vacation of interim stay order stands disposed of.
