Disposed

Mahendra Singh v. State of Rajasthan

Rajasthan HC19 Jan 2021CRLMP/3183/2020

Case brief

AI extract

What is this about?

According to a Public Prosecutor's assurance, the Special Criminal Misc. Petition was disposed of with a direction that the investigating authority consider a petitioner's representation within fifteen days. The Court granted the petitioner limited protection from arrest, allowing 15 days notice before any custodial interrogation, and also disposed of a stay petition.

What did the court decide?

Direction to investigating authority to consider representation within 15 days; Protection from arrest for 15 days unless notice is given; Stay petition disposed of.

Mahendra Singh Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2021)

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(1 of 3)

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[CRLMP-3183/2020]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 3183/2020

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Mahendra Singh S/o Narpat Singh, Aged About 32 Years, Neelkanth Nagar, Nimba Nibadi Police Station Mandore, Jodhpur.

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent

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For Petitioner(s) : Mr. Moti Singh For Respondent(s) : Mr. Mukhtiyar Khan, PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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19/01/2021

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

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The instant misc. petition under Section 482 Cr.P.C. has been filed on behalf of the petitioner seeking quashing of the report no.13/2014-15 lodged at P.S. Excise West Jodhpur Metro.

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Learned counsel for the petitioner submits that the incident is of 2014 and offence levelled against the petitioner is pertaining to Excise Act and the petitioner has now been belatedly arrayed as an accused.

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Learned counsel for the petitioner thus, 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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Learned Public Prosecutor assures this Court that if the petitioner submits a representation along with all the necessary

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(2 of 3) [CRLMP-3183/2020]

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documents before the concerned investigating authority within a period of fifteen 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 fifteen 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 unnecessary hardship to the accused, who deserves a basic opportunity of explaining their 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 required to join the investigation. The petitioner shall be at liberty to

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(3 of 3)

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[CRLMP-3183/2020]

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approach this Court again, in case need arises.

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The stay petition also stands disposed of.

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(DR.PUSHPENDRA SINGH BHATI),J.

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135-Sudheer/-

Mahendra Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mahendra Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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