Disposed

Vishna Ram v. State

Rajasthan HC3 Feb 2021CRLMP/699/2021

Case brief

AI extract

What is this about?

High Court disposed of a petition under Section 482 Cr.P.C. seeking quashing of an FIR arising from a matrimonial dispute involving suicide. The Court granted a conditional stay, instructing the investigating authority to consider petitioners' representation within 15 days before completing the investigation.

What did the court decide?

15 days notice before arrest; 15 days to submit representation with documents for consideration before investigation completed.

Vishna Ram Vs State — Quashing and FIR | Rajasthan HC (2021)

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(1 of 3)

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[CRLMP-699/2021]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 699/2021

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Vishna Ram S/o Shri Budha Ram, Aged About 29 Years, By Caste Mali, R/o Chandela Ki Dhani, Bhopalgarh, Tehsil Bhopalgarh, District Jodhpur.

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Ramniwas S/o Shri Budha Ram, Aged About 32 Years, By Caste Mali, R/o Chandela Ki Dhani, Bhopalgarh, Tehsil Bhopalgarh, District Jodhpur.

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Budha Ram S/o Shri Bhanwar Lal, Aged About 55 Years, By Caste Mali, R/o Chandela Ki Dhani, Bhopalgarh, Tehsil Bhopalgarh, District Jodhpur.

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Sushila W/o Ramniwas, Aged About 30 Years, By Caste Mali, R/o Chandela Ki Dhani, Bhopalgarh, Tehsil Bhopalgarh, District Jodhpur.

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Sukhi Devi W/o Shri Budha Ram, Aged About 52 Years, By Caste Mali, R/o Chandela Ki Dhani, Bhopalgarh, Tehsil Bhopalgarh, District Jodhpur.

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Nathu Ram S/o Shri Jagmal Ram, Aged About 30 Years, By Caste Mali, R/o Chandela Ki Dhani, Bhopalgarh, Tehsil Bhopalgarh, District Jodhpur.

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----Petitioners

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Versus

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State, Through P.p.

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Rajshree W/o Vishna Ram, Kosana, Tehsil Pipar City, District Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. Rajendra Kumar Soni For Respondent(s) : Mr. Laxman Solanki,PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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03/02/2021

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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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(2 of 3)

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[CRLMP-699/2021]

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The instant misc. petition under Section 482 Cr.P.C. has been filed on behalf of the petitioners seeking quashing of the F.I.R. No.0008/2021 lodged at P.S. Pipar City, District Jodhpur.

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Learned counsel for the petitioner submits that it is a matrimonial dispute and the sister of the petitioners had committed suicide, who was in aata-sate relationship with the complainant party. It is further contended that the present FIR is counter-blast to the FIR lodged by the petitioner-party regarding the death of their sister.

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Learned counsel for the petitioners thus, submits that the petitioners want 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 petitioners submit 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.

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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 petitioners submit 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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(3 of 3) [CRLMP-699/2021]

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In the peculiar facts of the case, it would be

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appropriate to grant protection from arrest to the petitioners 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 petitioners, then the petitioners shall be given 15 days’ notice before making such arrest. The petitioners shall be required to join the investigation. The petitioners shall be at liberty to 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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158-Sudheer/-

Vishna Ram v. State

Case brief

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Vishna Ram v. State

Case brief

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