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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
Ratan Lal - Appellant
Versus
State of Rajasthan - Respondent
CRLMP / 1181 / 2025
Decided On : 05-03-2025
(A) Code of Criminal Procedure, 1973 - Section 35 - Miscellaneous petition dismissed as not pressed - Petitioners permitted to submit representation to the Superintendent of Police regarding their grievances - Directions issued for objective consideration of representation and protection from arrest for 20 days. (Paras 1-4)
(B) The court emphasizes the right of petitioners to seek redress and the duty of the Superintendent of Police to consider representations objectively. (Paras 3, 5)
ORDER :
FARJAND ALI, J.
1. Learned counsel for the petitioners does not want to press the instant misc. petition. However, he seeks liberty for the petitioners to submit a representation to the concerned Superintendent of Police with appropriate directions to decide the same and issue necessary instructions to the concerned Investigating Officer.
2. Accordingly, the instant misc. petition as well as stay petition are dismissed as not pressed with liberty to the petitioners 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 a copy of this order.
3. In the event, the representation is submitted, the concerned Superintendent of Police is directed to minutely and objectively consider the contents of the same and thereafter, issue necessary instructions to the Investigating Officer. All the relevant documents with the representation shall also be taken into consideration. The representation shall be decided within a period of 20 days from the date of receipt of the same.
4. The petitioners shall not be arrested for a period of 20 days from today in connection with FIR No.09/2025 registered at Police Station Rashmi, District Chittorgarh so as to make them enable to submit the representation.
5. Needless to say that in the event, the grievance of the petitioners persists, they would be at liberty to approach this Court again.
6. Stay petition stands disposed of.
7. If still whereafter an offence is found proved then immediate arrest of petitioners shall not be made instead thereof they shall be given notice under Section 35 of BNSS so as to enable them to seek legal remedy in accordance with the law.
The court allows petitioners to submit a representation to the Superintendent of Police and provides protection from arrest for 20 days, emphasizing the need for objective consideration of grievances....
Exercise of extraordinary powers by the court to ensure fair investigation and no arrest until submission of detailed representation.
Court directed police to assess fresh representation concerning prior allegations and communicate findings promptly.
The court ruled that an FIR cannot be quashed when ongoing investigations reveal potential offences, allowing petitioners to present their case to the Investigating Officer.
Administrative authorities are required to address pending representations promptly, ensuring compliance with relevant government directives.
The Superintendent of Police is required to act expeditiously to protect the life and liberty of the petitioners.
In the wake of COVID-19, the court exercised abundant caution and granted limited protection from arrest to the petitioner, emphasizing the need to avoid unnecessary hardship and provide an opportuni....
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