Allowed

Devi Lal v. State of Rajasthan

Rajasthan HC13 Jan 2021CRLMP/129/2021

Case brief

AI extract

What is this about?

Petitioner sought quashing of FIR alleging matrimonial offences under Section 482 Cr.P.C. HC directed investigation authority to consider petitioner’s representation before investigation completion and granted 15-day notice protection from arrest.

What did the court decide?

Quashing of FIR stayed; direction to consider representation before investigation; protection from arrest granted subject to 15 days notice.

Devi Lal Vs State of Rajasthan — Domestic Violence | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Misc(Pet.) No. 129/2021

¶3

Devi Lal S/o Chhagan Lal Mali, Aged About 40 Years, R/o Village Shiv, Tehsil Shiv, Dist. Barmer.

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through P.p.

¶7

Pushpa W/o Ranchod Das D/o Prem Singh, Aged About 35 Years, At Present R/o Village And Post Kui Inda, Panchayat Samiti Balesar, Dist. Udaipur.

¶8

----Respondents

¶9

For Petitioner(s) : Mr. Dinesh Kumar Ojha For Respondent(s) : Mr. Sumer Singh Rajpurohit, PP

¶10

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

¶11

Order

¶12

13/01/2021

¶13

In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

¶14

The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. seeking quashing of FIR No.101/2019 dated 01.11.2019 registered at Police Station Nagana, District Barmer for the offences punishable under Sections 323, 406 and 498-A IPC.

¶15

Learned counsel for the petitioner submits that the petitioner is the elder brother of the husband of the complainant.

¶16

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

¶17

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

¶18

(2 of 2)

¶19

[CRLMP-129/2021]

¶20

period of ten days from today, then the same shall be considered and decided strictly in accordance with law, before completing the investigation.

¶21

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.

¶22

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

¶23

(DR.PUSHPENDRA SINGH BHATI),J.

¶24

101-Zeeshan/-

Devi Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Devi Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Keshar Jat Vs State of Rajasthan

Suraj Singh Vs State

Vishnu Kumar Vs State of Rajasthan

Jitendra Vs State

Smt Shilpa Kanwar Vs State

Manisha Vs State of Rajasthan