HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
FARJAND ALI
SHIV KUMAR GUPTA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMA / 355 / 2026
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[2026:RJ-JD:24108]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Application No. 355/2026
Shiv Kumar Gupta S/o Vijay Kumar Gupta, Aged About 57 Years,
R/o Plot No 93, Krishna Enclave, Raj Nagar Extension,
Ghaziabad, Uttar Pradesh- 201 003.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary Home
Department Govt. Of Rajasthan Jaipur
2. The Station House Officer, Special Police Station,sog
3. The Investigating Officer, Special Police Station Sog
----Respondents
For Petitioner(s) : Mr. Kunal Bishnoi
Mr. Ujjwal Sharma
Mr. Dinesh
For Respondent(s) : Mr. NS Chandawat, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
19/05/2026
1. The defect pointed out by the Registry is overruled.
2. By way of filing the instant miscellaneous application under
Article 226 of the Constitution of India, the petitioner seeks
modification of the order dated 24.04.2026 passed by this Court in
S.B. Criminal Writ Petition No. 1675/2026, to the limited extent of
extension of the interim protection granted to him in connection
with FIR No. 13/2024 registered at Police Station Special Police
Station SOG, Jaipur, for offences under Sections 420, 467, 468,
471 and 120-B IPC along with Section 66-D of the Information
Technology Act.
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3. Heard learned counsel for the parties and perused the
material available on record.
4. Having regard to the facts and circumstances of the case and
upon perusal of the material available on record, this Court finds
that vide order dated 24.04.2026 passed in S.B. Criminal Writ
Petition No. 1675/2026, the petitioner was granted liberty to
submit a detailed representation along with supporting documents
before the Investigating Officer and was further granted interim
protection for a limited period so as to enable meaningful
participation in the investigation without apprehension of arrest.
The record reveals that pursuant to the aforesaid order, the
petitioner submitted a detailed representation along with
supporting documents before the Additional Superintendent of
Police, SOG, Jaipur on 12.05.2026 and thereafter also appeared in
person before the Investigating Officer on 16.05.2026 and joined
the investigation. It further appears that after such appearance, a
fresh notice dated 16.05.2026 came to be issued directing the
petitioner to remain present again on 18.05.2026 along with
original records pertaining to Maharaja Agrasen Himalayan
Garhwal University. This Court notices that the notice in question
was issued shortly before the expiry of the protection granted vide
order dated 24.04.2026 and the date fixed for appearance
substantially coincides with the date on which the interim
protection was to expire. The petitioner is stated to be ordinarily
residing at Ghaziabad and has been called upon to arrange original
records from another State and appear before the Investigating
Officer within a very limited time frame. It is averred in the
application that the petitioner is suffering from certain cardiac and
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respiratory ailments. This Court is of the opinion that the interim
protection earlier granted was intended to facilitate effective
participation of the petitioner in the investigation. Since the
petitioner has already complied with the earlier directions and has
joined investigation, a limited extension of the protection would
subserve the interest of justice and would also ensure fair
cooperation in the ongoing investigation. At the same time, the
investigating agency shall remain at liberty to continue with the
investigation strictly in accordance with law.
5. Accordingly, the present miscellaneous application is allowed.
The order dated 24.04.2026 is modified to the limited extent that
the interim protection granted to the petitioner shall stand
extended for a further period of t
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