In cases involving offences exclusively triable by the court of Magistrate, the High Court may not quash the FIR but may direct the petitioner to submit a representation to the Superintendent of Police for consideration of the grounds raised in the petition.

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 7572/2021

Dasharath S/o Sheetal, R/o Village Akhaigad, Police Station

Nadbai, District Bharatpur.

----Petitioner

Versus

1.

State Of Rajasthan, Through The Public Prosecutor.

2.

Vijay Singh S/o Dhara Singh, R/o Village Akhaigad, Police

Station Nadbai, District Bharatpur.

----Respondents

For Petitioner(s)

:

Mr. Nikhlesh Katara, through VC.

For Respondent(s)

:

Mr. Riyasat Ali, PP.

HON'BLE MR. JUSTICE FARJAND ALI

Order

12/01/2022

The instant criminal misc. petition has been preferred

under Section 482 Cr.PC for quashing of FIR No. 486/2021

Registered at P.S. Nadbai, Bharatpur for offence under Sections

354, 354(B), 506 IPC and 7, 8 and 18 of POCSO Act.

Heard learned counsel for the petitioner and the learned

Public Prosecutor for State. Perused the material available on

record. After going through the facts of the FIR, instead of

quashing the FIR and impeding the course of investigation, looking

to the peculiar facts & circumstances of the case, and the fact that

the offence is exclusively triable by the court of Magistrate, I deem

it appropriate to direct the petitioner to submit a detailed

representation to the concerned Superintendent of Police averring

therein all the grounds which have been raised in this petition

within a period of 20 days from the date of receipt of this order. In

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[CRLMP-7572/2021]

the event, the representation is submitted, the concerned

Superintendent of Police is directed to consider the

submissions/grounds raised in the representation, and instruct the

concerned Investigating Officer to conduct fair, impartial and

expeditious investigation in the matter. The requisite endorsement

shall be made in the case diary as to the consideration of the

representation.

It is made clear that until the submissions of the accused-

petitioner are not considered or the final result is not reached; the

accused-petitioner shall not be arrested. If still thereafter it is

decided that the arrest has become imperative; he would be given

15 days notice prior to affect the arrest. The provisions contained

in Section 41 of the CrPC as well as the direction passed by the

Hon’ble Supreme Court in the case of Arnesh Kumar Vs. State

of Bihar & anr. shall be followed/applied in its correct letter and

spirit, just to avoid the contemptuous situation.

If it is flouted by the Officers and the same is brought to the

notice of this court, this court would be constrained to take

appropriate actions and to pass orders averse to the interest of

the agency.

Needless to say that in such an event, the petitioner would

be at liberty to approach this court again.

Accordingly, the instant criminal misc. petition is disposed of.

The stay application/petition also stands disposed of.

(FARJAND ALI),J

PREETI VALECHA/55