Disposed

Kalulal Vaishnav v. State

Rajasthan HC28 Jan 2021CRLMP/33/2021

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. for quashing an FIR lodged 34 years after the alleged offence. Directing the patrol to consider the submission within 15 days, the court granted limited protection from arrest, requiring 15 days notice before any custodial interrogation or arrest.

What did the court decide?

The petition was disposed of direction to consider the petition within 15 days. Protection from arrest granted with 15 days notice before arrest.

Kalulal Vaishnav Vs State — Quashing and FIR | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Misc(Pet.) No. 33/2021

¶3

Kalulal Vaishnav S/o Nanudas, Aged About 47 Years, B/c Vaishnav, R/o Shivaji Nagar, Kawa, Kheda Kachi Basti Bhilwara, Ps Kotwali Bhilwara, Dist. Bhilwara.

¶4

----Petitioner

¶5

Versus

¶6

State, Through Pp

¶7

Sh. Kalyan Singh S/o Sh. Saremal Singh, B/c Burad R/o Hall 1575, 21 Main Basnkari Road, First Stage Second Block, Deogarh, District Rajsamand.

¶8

----Respondents

¶9

For Petitioner(s)	: Mr.Ramesh Purohit on VC.
For Respondent(s)	: Mr.SS Rajpurohit,PP.

¶10

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

¶11

Order

¶12

28/01/2021

¶13

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

¶14

The instant misc. petition under Section 482 Cr.P.C. has been filed on behalf of the petitioner seeking quashing of the F.I.R. No.569/2018 lodged at P.S. Kotwali Bhilwara, District Bhilwara.

¶15

Learned counsel for the petitioner submits that a sale which happened 34 years ago has been belatedly challenged now even when the consequences of the sale stood settled between the parties.

¶16

Thus, learned counsel for the petitioner submits that the petitioner wants to submit a representation alongwith all the

¶17

(2 of 3)

¶18

[CRLMP-33/2021]

¶19

relevant documents before the concerned investigating authority to redress the issue.

¶20

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 fifteen 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 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.

¶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 unnecessary 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

¶23

(3 of 3) [CRLMP-33/2021]

¶24

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 approach this Court again, in case need arises.

¶25

The stay petition also stands disposed of.

¶26

(DR.PUSHPENDRA SINGH BHATI),J.

¶27

239-Sphophaliya/Jitender/-

Kalulal Vaishnav v. State

Case brief

What is this about?

What did the court decide?

Kalulal Vaishnav v. State

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

Wasim Akram @ Bhaniya Vs State

Sita Gehlot Vs State

Deepak Vs State

Ravta Ram Vs State of Rajasthan

Urmila Kanwar Vs State

Kamla Devi Vs State