Exercise of extraordinary powers by the court to ensure fair investigation and no arrest until submission of detailed representation.

ORDER

1. By way of filing the instant miscellaneous petition, challenge has been made to the very lodging of the FIR No.61/2022 registered at Police Station Christianganj, Ajmer for offence under Sections 354 IPC.

2. Heard learned counsel for the petitioners and the learned Public Prosecutor. Gone through the contents of the FIR and the other material made available on record.

3. After going through the nature of allegations leveled in the FIR and the nature of the offence, this Court does not deem it appropriate to quash the FIR impugned and to hamper the course of investigation. However, looking to the totality of facts and circumstances of the case and the fact that the offence is exclusively triable by the Court of Magistrate or Section 41 of Cr.P.C. applies and looking to the applicability of the judgment passed by Hon'ble the Supreme Court in case of Arnesh Kumar Vs. State of Bihar & Anr. [(2014) 8 SCC 273], while exercising the extraordinary powers available with this Court, I deem it appropriate to direct the petitioner/s to submit a detailed representation to the concerned Superintendent of Police averring therein all the grounds which have been raised in this petition within a period of 20 days from the date of receipt of this order.

4. In the event, the representation is submitted, the concerned Superintendent of Police is directed to consider the submissions/grounds raised in the representation, and instruct the concerned Investigating Officer to conduct fair, impartial and expeditious investigation in the matter.

5. The requisite endorsement shall be made in the case diary as to the consideration of the representation.

6. It is made clear that until the submissions of the accused- petitioners are not considered or the final result is not reached; the accused-petitioners shall not be arrested. If still thereafter it is decided that the arrest has become imperative; they would be given 15 days notice prior to affect the arrest.

7. It is directed to the officers to strictly follow the provisions of law and the judgment referred above, it should not be taken as a formality.

8. In the event, the grievance of the petitioner persists, the petitioner would be at liberty to approach this Court again.

9. Accordingly, the instant criminal misc. petition is disposed of.

The stay application also stands disposed of.