HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 173/2021

1.

Jameel Ahmad Abbasi S/o Shri Mushtaq Ahmad Abbasi,

Aged About 83 Years, 1, Sukhbagh Road, Palanpur,

District Banaskatha (Gujarat). Second Adress 54, Shane

Mohamadi Society, Sukhbagh Road, Palanpur, District

Banaskatha (Gujarat).

2.

Smt. Shahnaz Bano W/o Shri Jameel Ahmad Abbasi, Aged

About 69 Years, 1, Sukhbagh Road, Palanpur, District

Banaskatha (Gujarat). Second Adress 54, Shane

Mohamadi Society, Sukhbagh Road, Palanpur, District

Banaskatha (Gujarat).

3.

Shakeel Ahmad Abbasi S/o Jameel Ahmad Abbasi, Aged

About 47 Years, 1, Sukhbagh Road, Palanpur, District

Banaskatha (Gujarat). Second Adress 54, Shane

Mohamadi Society, Sukhbagh Road, Palanpur, District

Banaskatha (Gujarat).

4.

Rizwana D/o Jameel Ahmad Abbasi, Aged About 37 Years,

1, Sukhbagh Road, Palanpur, District Banaskatha

(Gujarat). Second Adress 54, Shane Mohamadi Society,

Sukhbagh Road, Palanpur, District Banaskatha (Gujarat).

----Petitioners

Versus

1.

State, Through P.p.

2.

Imran Hussain S/o Akhtar Hussain, Sadar Bazar, Abu

Road, District Sirohi (Rajasthan).

----Respondents

For Petitioner(s)

:

Mr.Sudhir Saruparia.

For Respondent(s)

:

Mr.Gaurav Singh, PP.

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

14/01/2021

1.

In wake of onslaught of COVID-19, abundant caution is

being taken while hearing the matters in Court.

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[CRLMP-173/2021]

2.

The instant misc. petition under Section 482 Cr.P.C. has

been filed on behalf of the petitioners seeking quashing of the

F.I.R. No.199/2020 lodged at P.S. Abu Road City, District Sirohi.

3.

Learned counsel for the petitioners submits that various

civil cases are going on between the parties.

4.

Learned counsel for the petitioners thus submits that

the petitioners want to submit a representation alongwith all the

relevant documents before the concerned investigating authority

to redress the issue.

5.

Learned Public Prosecutor assures this Court that if the

petitioners submit a representation along with all the necessary

documents before the concerned investigating authority within a

period of fifteen days from today, then the same shall be

considered and decided strictly in accordance with law, before

completing the investigation.

6.

In light of the aforesaid assurance given by learned

Public Prosecutor, the present misc. petition is disposed of with a

direction to the concerned investigating authority that in case the

petitioners submit a representation along with all the necessary

documents before it within a period of fifteen days from today,

then the same shall be considered and decided before completing

the investigation, strictly in accordance with law and as per the

assurance given by the learned Public Prosecutor.

7.

In the peculiar facts of the case, it would be

appropriate to grant protection from arrest to the petitioners as it

will be a waste of energy and resources of the Police Department

to run after the accused to complete the related investigation and

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[CRLMP-173/2021]

without protection it would also cause unnecessary hardship to the

accused, who deserves a basic opportunity of explaining their case

before the Investigating Authority without fear of arrest. The

Investigating Officer, however, shall have the liberty of custodial

interrogation after giving 15 days’ notice before arrest if required.

In the interest of justice and the facts and circumstances noted by

this Court, the limited protection is justified. Therefore, if during

the investigation, the concerned investigating authority needs to

arrest the petitioners, then the petitioners shall be given 15 days’

notice before making such arrest. The petitioners shall be required

to join the investigation. The petitioners shall be at liberty to

approach this Court again, in case need arises.

8.

The stay petition also stands disposed