HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1309/2021 Mahendra Singh S/o Shri Chaturbhuj Singh, aged about 56 Years, R/o Village And Post Office Trilokpura, Thana Ranoli, Tehsil Danta Ramgarh, District Sikar.

----Petitioner Versus

1. State of Rajasthan, through Public Prosecutor, Jaipur.

2. Assistant Commissioner, State Commercial Tax Department, Government of Rajasthan, Circle Dausa, Kotwali Dausa (Rajasthan).

----Respondents For Petitioner(s) : Ms.Priyanshi Jaiswal for Mr.Sandeep Singh Shekhawat For Respondent(s) : Mr.Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND

Order

28/03/2026

1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned F.I.R. No.566/2019 registered at the Police Station Bandikui, District Dausa for the offences punishable under Sections 420, 476, 468 & 471 IPC.

2. Proxy counsel appearing on behalf of the arguing counsel made a request to defer the matter for some other day, but looking to the fact that the interim order is operating in favour of the petitioner since 02.03.2021, hence, this Court deems it just and proper to look into the facts and grounds narrated in the instant petition.

3. It has been averred in the instant petition that the impugned F.I.R. has been registered after a delay of 13 years with false and fabricated allegations, which is the sole reason for approaching this Court for quashing the impugned F.I.R.

4. This Court vide order dated 02.03.2021 refused to stay the investigation, but granted interim protection in favour of the petitioner that no coercive action would be taken against the petitioner and a further direction was issued that the petitioner shall not be arrested, without prior notice of seven days.

5. Learned Public Prosecutor apprised this Court that in spite of the aforesaid order passed by this Court, the petitioner has failed to appear before the Investigating Officer and the notice was issued and served upon him wherein he was directed to appear before the Investigating Officer on 26.03.2024, but in spite of the said notice, he failed to appear. Counsel further submits that after thorough investigation in the instant matter, the involvement of the petitioner has been prima facie found to be proved under Sections 420, 467, 468 & 471 IPC, hence under these circumstances, interference of this Court is not warranted.

6. Heard and considered the submissions made at the Bar and perused the material available on record.

7. Considering the aforesaid arguments raised by the Public Prosecutor and the interim order dated 02.03.2021 passed by the Co-ordinate Bench of this Court, this Court deems it just and proper to dispose of the instant petition, granting liberty to the petitioner to appear before the Investigating Officer within a period of four weeks from today. In case, the petitioner appears before the Investigating Officer for the purpose of his interrogation while his custodial arrest is not required, then it is expected from the Investigating Officer to submit the conclusion report of investigation under Section 173 Cr.P.C. before the concerned Court, without insisting on arresting of the petitioner.

8. In case, the petitioner again flouts the order passed by this Court and fails to appear before the Investigation Officer within the time prescribed by this Court, the Investigating Officer would be at liberty to proceed further against the petitioner strictly in accordance with law.

9. With the aforesaid observation and direction, the instant petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of.

10. The factual report dated 20.03.2021 furnished by the S.H.O. Police Station Bandikui, District Dausa is ordered to be retained on the record.

(ANOOP KUMAR DHAND),J Aayush Sharma /29