Advocates:
['FARZAND ALI SYED', '', 'DINESH KUMAR GODARA', 'ABHISHEK PUROHIT', 'PP']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 2841/2018

1.

Phoolchand S/o Sh. Mishrimal, Aged About 51 Years, B/c

Ghanchi, aged about 51 years, R/o 15, Satyanarayan

Marg, P.S. Kotwali, Dist. Pali (Raj.)

2.

Rajendra Kumar S/o Sh. Mishrimal, By caste Ghanchi,

Aged About 57 Years, R/o 15, Satyanarayan Marg, P.s.

Kotwali, Dist. Pali (Raj.)

3.

Mukesh Kumar S/o Sh. Rajendra Kumar, Aged About 33

Years, B/c Ghanchi, R/o 15, Satyanarayan Marg, P.s.

Kotwali, Dist. Pali (Raj.)

----Petitioners

Versus

1.

State Of Rajasthan, Through Pp

2.

Gaytri Bhati W/o Ashok Kumar Bhati, R/o 27, Gahnchiyo

Ka Bada Baas, Dist. Pali (Raj.)

----Respondents

For Petitioner(s)

:

Mr. Naman Mohnot.

For Respondent(s)

:

Mr. VS Rajpurohit, PP

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

17/01/2019

1.

The petitioners have preferred this criminal misc.

petition under Section 482 Cr.P.C. claiming the following relief :-

“It is, therefore, most humbly and respectfully prayed

that this Criminal Misc. Petition may kindly be allowed and

the impugned order dated 11.07.2018 passed by Ld.

Additional Chief Judicial Magistrate (Communal Violece), Pali

in FR No. 586/2017 (C.R. No. 36/15 of P.S. Kotwali, Pali)

may kindly be quashed and set aside.”

2.

At the outset, learned P.P. submits that at this stage, no

cause of action is being made out against the present petitioners.

However, he states that further investigation is going on. Learned

(2 of 2)

[CRLMP-2841/2018]

P.P. submits that if the concerned I.O. needs to arrest the

petitioners, then the petitioners shall be given 15 days notice

before making such arrest.

3.

In light of such statement, the present misc. petition is

disposed of with a direction to the concerned I.O. that in case

petitioners are required to be arrested, then they shall be given 15

days prior notice before making such arrest. The petitioners shall

be at liberty to approach this Court again, in case need arises.

However, it is made clear that the petitioners shall be required to

join and completely co-operate with the investigation.

(DR.PUSHPENDRA SINGH BHATI),J

10-SPhophaliya/-