Disposed

Hastimal v. State

Rajasthan HC3 Jul 2019CRLMP/2838/2019

Case brief

AI extract

What is this about?

Criminal Misc. Petition filed seeking liberty to submit representation with documents. Court directed petitioner to appear before IO with documents. IO directed to investigate and follow Sections 41 and 41-A Cr.P.C. before arrest per Arnesh Kumar guidelines.

What did the court decide?

Petitioner to appear before IO with documents. IO to investigate and issue notice under Sections 41 and 41-A Cr.P.C. before arrest. Stay petition disposed.

Hastimal Vs State — Civil Procedure and Limitation | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

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S.B. Criminal Misc(Pet.) No. 2838/2019

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Hastimal S/o Bheekha Ram Brahman, Aged About 55 Years, R/o Phalodi, Tehsil Phalodi, Dist. Jodhpur.

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----Petitioner

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Versus

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State of Rajasthan.

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Radhakishan S/o Dalichand Soni, R/o Jahawar Pyau, Phalodi, Tehsil Phalodi, Dist. Jodhpur.

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----Respondents

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For Petitioner : Mr. Laxman Bishnoi. For Respondent(s) : Mr. Gaurav Singh, PP for the State. Mr. Mahesh Thanvi for the complainant.

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order

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03/07/2019

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The counsel for the petitioner submits that he does not want to press the instant Misc. Petition with liberty to the petitioner to appear before the investigating Officer by way of filing a representation along with all relevant documents.

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The counsel further submits that the agreement in pursuance of which the shop in question has been sold to one Jetha Ram bears the signatures of the complainant as a witness. He further submits that although he has submitted all the relevant documents to the investigating officer. He prays that once again, the petitioner may be permitted to appear before the investigating Officer and submit all requisite documents for investigation.

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Learned Public Prosecutor submits that in the event of submission of the representation along with relevant documents, the Investigating Officer shall take note of it and investigate the matter in its true letter and spirit.

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(2 of 2)

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[CRLMP-2838/2019]

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It is contended by learned counsel for the complainant that the petitioner has not submitted the original documents of the agreement dated 11.08.2017.

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The counsel for the petitioner submits that though the petitioner has submitted all the relevant documents to the investigating officer, however, the petitioner shall again submit all the relevant documents before the Investigating Officer including the agreement dated 11.08.2017.

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Having considered the facts noticed the fact that the matter pertains to sale and transfer of shop in question between the petitioner and the complainant and the investigation is in progress, the present Criminal Misc. Petition is disposed of with a direction to the petitioner to appear before the Investigating Officer and submit his representation along with all relevant documents. The Investigating Officer is directed to conduct the investigation on the same. It is also ordered that in the event the Investigating Officer comes to the conclusion that the allegations against the petitioner are substantiated and his arrest is warranted in the matter, he will give a notice to the petitioner under Sections 41 and 41-A Cr.P.C. before 10 days of arresting him. The Hon’ble Supreme Court in the case of Arnesh Kumar V/s State of Bihar and Anr. Reported in (2014)8 SCC 273 & AIR 2014 SC 2756 h as also given specific direction to the State Government to ensure the compliance of the provisions of Sections 41 and 41-A Cr.P.C.

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Stay petition also stands disposed of.

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(VINIT KUMAR MATHUR),J

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71-Anil Singh/-

Hastimal v. State

Case brief

What is this about?

What did the court decide?

Hastimal v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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