Disposed

Vena Ram v. State of Rajasthan

Rajasthan HC10 Feb 2021CRLMP/736/2021

Case brief

AI extract

What is this about?

This petition under Section 482 Cr.P.C. sought quashing of an FIR. The High Court disposed of the petition conditionally, granting a fifteen-day grace period to submit documents for redressal under civil proceedings and allowing investigation subject to a fifteen-day prior notice before arrest.

What did the court decide?

Petition disposed of with direction to investigate authorities to consider representation within 15 days and grant 15 days notice before arrest.

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

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(1 of 3)

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[CRLMP-736/2021]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 736/2021

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Vena Ram S/o Sh. Lacha Ram, Aged About 57 Years, r/o 158, Bapu Nagar Extension, Pali.

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Smt. Kamla W/o Vena Ram, Aged About 55 Years, r/o 158, Bapu Nagar Extension, Pali.

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Devaram S/o Lacha Ram, Aged About 50 Years, r/o Nayabera, Math, Pali.

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----Petitioners

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Versus

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State Of Rajasthan, Through P.p.

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Girdhari Lal S/o Late Sh. Anna Ram @ Annraj, Gram Naya Bera Math. At Present At 158, Bapu Nagar Extension, Pali.

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----Respondents

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For Petitioner(s) : Mr. Surendra Singh For Respondent(s) : Mr. Mahipal Bishnoi, PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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10/02/2021

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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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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.318/2020 lodged at P.S. Kotwali, Pali, District Pali.

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Learned counsel for the petitioner has shown the civil proceedings going on between the parties, which are Annex.2 of the present petition.

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Learned counsel for the petitioners thus, submits that the petitioners want to submit a representation alongwith all the

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(2 of 3)

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[CRLMP-736/2021]

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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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In the peculiar facts of the case, it would be 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

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(3 of 3) [CRLMP-736/2021]

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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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118-Sudheer/-

Vena Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Vena Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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