The court allowed the petitioner to submit a representation to the Superintendent of Police for a fair investigation, specifically regarding an alibi (custody in another matter), and granted interim protection from arrest for 30 days.

Order

1. Learned counsel for the petitioners submits that he does not wish to press the instant criminal petition. However, he seeks liberty for the petitioner to submit a representation to the Superintendent of Police concerned, along with a direction to the said authority to consider and decide the same and to issue appropriate instructions to the Investigating Officer. He further prays for interim protection from arrest so as to enable the petitioners to avail the said remedy.

2. Accordingly, the instant criminal petition as well as the stay petition are dismissed as not pressed, with liberty to the petitioner to submit a detailed representation to the Superintendent of Police concerned, raising all the grounds urged in the present petition, within a period of 15 days from the date of receipt of this order.

3. In the event such a representation is submitted, the Superintendent of Police concerned shall objectively, independently and minutely consider the same. The Superintendent of Police shall ensure that the investigation is conducted fairly and impartially. It shall also be specifically examined by the Superintendent of Police himself as to whether the petitioner was in custody in another matter at the time of the alleged incident, as stated in the impugned FIR, and such aspect shall be given due and serious consideration while deciding the representation. All relevant documents submitted along with the representation shall also be duly taken into consideration. The representation shall be decided by a reasoned order within a period of 15 days from the date of its receipt, and thereafter, the result of the investigation shall be proceeded with and placed on record in accordance with law.

4. Considering the prayer so made, and only with a view to enable the petitioner to effectively raise his plea before the competent authority and to ensure a fair and impartial investigation, it is directed that the petitioner shall not be arrested for a period of 30 days from today in connection with FIR No.66/2019 registered at PS Mangalwad, District Chittorgarh. This order shall not be construed as an expression on the merits of the case.

5. If, even thereafter, the grievance of the petitioner still persists, nothing would preclude him from approaching this Court again.

6. All pending applications stand disposed of.