Disposed

Sajjan Singh v. State of Rajasthan

Rajasthan HC3 Jan 2019CRLMP/16/2019

Case brief

AI extract

What is this about?

The High Court disposed of a petition for quashing an FIR under Section 482 Cr.P.C. It directed the investigating authority to consider a representation from the petitioner within ten days and granted limited protection from arrest, allowing 15 days notice before custody.

What did the court decide?

Petition disposed; 15 days notice required before arrest; authority to consider representation within 10 days.

Sajjan Singh Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

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S.B. Criminal Misc(Pet.) No. 16/2019

Sajjan Singh

----Petitioner

Versus

State Of Rajasthan

----Respondent

For Petitioner(s) : Mr. Ambalal Bhati For Respondent(s) : Mr. VS Rajpurohit, PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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03/01/2019

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Petitioner has preferred this criminal misc. petition under Section 482 of Cr.P.C. for quashing of FIR No.33/2018 lodged at Police Station Merta Road, Nagaur for the offence under Section 19 & 54 of Rajasthan Excise Act, 1950.

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At the outset, learned counsel for the petitioner has shown the order of bail granted to co-accused Bajran Vishnoi, Sushil and Tejpal in which the fact has been recorded by the learned court below that the shop from where the illicit liquor has been confiscated was under the control of license holder Sushil whereas the petitioner is merely the owner. Learned counsel for the petitioner has also shown the contract of tenancy between the owner petitioner and Sushil.

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Learned counsel for the petitioner, however, submits that the petitioner wants to submit a representation alongwith all the relevant documents before the concerned investigating authority to redress the issue.

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[CRLMP-16/2019]

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(2 of 3)

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Learned Public Prosecutor assures this Court that if the petitioner submits a representation along with all the necessary documents before the concerned investigating authority within a period of ten days from today, then the same shall be considered and decided strictly in accordance with law, before completing the investigation.

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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 petitioner submits a representation along with all the necessary documents before it within a period of ten 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.

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In the peculiar facts of the case, it would be appropriate to grant protection from arrest to the petitioner 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 without protection it would also cause un-necessary hardship to the accused, who deserves a basic opportunity of explaining his 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 petitioner, then the petitioner shall be given 15 days’

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(3 of 3) [CRLMP-16/2019]

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notice before making such arrest. The petitioner shall be required to join the investigation. The petitioner shall be at liberty to approach this Court again, in case need arises.

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(DR. PUSHPENDRA SINGH BHATI),J

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92-Sudheer/-

Sajjan Singh v. State of Rajasthan

Case brief

What is this about?

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Sajjan Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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