ORDER :

Chandra Kumar Songara, J.

Matter has come up on misc. application No.2/2020 filed by learned counsel for the complainant/respondent No.2 under Section 482 of Cr.P.C. for vacating the stay order dated 22.04.2020 passed by the Co-ordinate Bench of this Court.

2. It is submitted by learned counsel for the complainant-respondent No.2 that vide order dated 22.04.2020, the Co- ordinate Bench of this Court had passed an interim stay in favour of the petitioner. It is further submitted that due to interim stay there has been no progress in the investigation and the complainant is facing great hardships. It is further submitted that looking to the facts & circumstances of the case, the interim stay order dated 22.04.2020 passed by the Co-ordinate Bench of this Court deserves to be vacated.

3. During the course of arguments, learned Public Prosecutor has produced copy of the factual report dated 03.05.2023 before this Court for perusal, which is taken on record and supported the contentions made by learned counsel for the complainant/respondent No.2.

4. Learned counsel for the accused-petitioner has strongly opposed the application filed by the learned counsel for the complainant and has submitted that neither demand of dowry has been made by the petitioner nor there is any specific entrustment as alleged in the FIR. It is further submitted that the complainant left her matrimonial home way back in the year 2016. It is further submitted that the petitioner has given divorce to the complainant on 26.08.2018 from Kuwait and the "Talaq" was sent to her on the same day. It is further submitted that SHO, Police Station Kotwali, Sikar has completed the enquiry and recorded the statements of the complainant and in her statements she has not levelled any allegation of demand of dowry or harassment against the petitioner. It is further submitted that after conducting a detailed enquiry, the Police submitted its report to the S.P. Sikar and in that report allegations of demand of dowry, harassment or throwing her out from the matrimonial home were found to be incorrect. It is further submitted that the complainant has lodged second report against the petitioner with the same allegations. During the course of arguments, learned counsel for the petitioner has placed reliance upon the judgment passed by the Apex Court in the case of Tarak Dash Mukharjee & Ors. v. Stte of Uttar Pradesh & Ors. reported in [2022 LiveLaw (SC) 731]. Therefore, looking to the facts and circumstances of the case, the application filed by learned counsel for the complainant/respondent No.2 for vacation of stay order dated 22.04.2020 may kindly be rejected.

5. Heard learned counsel and perused the material available on record as well as the judgment cited by learned counsel for the petitioner.

6. Co-ordinate Bench of this Court vide its order dated 22.04.2020 passed interim order, which reads as under:-

"In the meanwhile, no coercive steps shall be taken against the petitioner."

7. In the case of M/s. Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra , 2021 CRILJ 2419, Hon'ble Apex Court, on scope of exercise of powers under Section 482 of Cr.P.C., in Para 23 of (xii) & (xvi), has observed as under:-

"(xii) The first information report is not an encyclopaedia which must disclose all facts and details relating to the offence reported. Therefore, when the investigation by the police is in progress, the court should not go into the merits of the allegations in the FIR. Police must be permitted to complete the investigation. It would be premature to pronounce the conclusion based on hazy facts that the complaint/FIR does not deserve to be investigated or t