HIGH COURT OF JUDICATURE FOR RAJASTHAN - JAIPUR BEN
TARA CHAND AND ANR – Appellant
Versus
STATE OF RAJASTHAN AND ANR – Respondent
CRLMP 3152/2014
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR.
ORDER.
SB CRIMINAL MISC. PETITION NO.3152/2014
Tara Chand & Anr. VS. State of Rajasthan & Anr.
Date of Order ::::::: 04.08.2014
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Shri Tara Chand, petitioner No.1 and
Smt. Aanchi petitioner No.2 are present in person.
Shri Ram Charan Meena, Asstt. Director (Prosecution)
for the State of Rajasthan.
Shri Arjun Lal, complainant respondent No.2 is present in person.
Shri Ram Swaroop, S.I. Police Station Harmada, Jaipur, being
Investigating Officer is present in person.
By the Court:-
The present petition has been filed by the petitioners under
Section 482 Cr.P.C. seeking quashing of FIR No.120/2014 registered
at Police Station Amarsar, District Jaipur for offence under Sections
363, 366 and 379 IPC. During the course of arguments, a further
prayer has been made that the petitioners be provided adequate
protection as they apprehend danger to their life.
This Court on 22nd July, 2014 had passed the following order:-
“The lawyers are stated to be on indefinite strike.
Perused the contents of the instant petition.
Inspite of the order dated 17.07.2014, concerned
Investigating Officer is not present before this Court.
In the interest of justice, adjourned to 04.08.2014.
Mr. Ajeet Singh, Head Constable, posted in the High
Court Security, present in person is directed to escort the
petitioners to Police Station Harmada, Tehsil Amer, Jaipur.
The Station House Officer, Harmada shall ensure
necessary vigil that no harm is caused to the petitioners
and if need be, shall provide adequate protection.
Copy of this order be handed over to Mr. Ajeet
Singh, Head Constable, present in person for onward
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transmission and necessary compliance.”
Shri Ram Swaroop, S.I. Police Station Harmada, Tehsil Amer,
Jaipur being Investigating Officer is present in Court. He has submitted
that he has recorded statement of Smt. Aanchi under Section 161
Cr.P.C. and after recording statement of Smt. Aanchi, he is of the
opinion that she has committed no offence and hence, final report in
negative form shall be submitted in the court of competent jurisdiction
within two weeks from today.
In view of the statement made by the Investigating Officer, no
order is required to be passed qua quashing of FIR. However, the
Investigating Officer, present in the Court shall ensure necessary vigil
that no harm is caused to the petitioners.
Consequently, the present petition is disposed of with the
directions hereinabove.
Upon final disposal of the main petition, the stay application filed
therewith does not survive and same also stands disposed of.
(Kanwaljit Singh Ahluwalia), J.
bairwa/158
“all corrections made in the judgment/order have been incorporated in the
judgment/order being emailed”
Kailash Chandra Bairwa
Sr.P.A.