Remanded

Kailash Chandra v. State of Rajasthan

Rajasthan HC22 Nov 2022CRLMP/2898/2021

Case brief

AI extract

What is this about?

High Court of Rajasthan dismissed the petition quashing the FIR but directed the Investigating Officer to issue prior notice under Section 41 Cr.P.C. before arrest, applying Arnesh Kumar guidelines, and granted bail upon filing chargesheet.

What did the court decide?

The Investigating Officer shall issue prior notice under Section 41 Cr.P.C. before arrest and release the petitioner on bail upon filing chargesheet.

Kailash Chandra Vs State of Rajasthan — Anticipatory Bail | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 3280/2021

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Gurvinder Singh S/o Shri Jagdev Singh, Aged About 27 Years, R/ o Shahpini, Sangaria, District Hanumangarh, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Manpreet Singh S/o Shri Gurdeep Singh, R/o 7F Bada, Matili Rathan, District Sri Ganganagar, Rajasthan.

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----Respondents

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Connected With

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S.B. Criminal Misc(Pet.) No. 2898/2021

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Kailash Chandra S/o Sh. Shishpal, Aged About 54 Years, 7-1-23, Jawahar Nagar, Sri Ganganagar, At Present Posted As Halka Patwari, Patwar Mandal 4-K, Mirjewala, Sri Ganganagar (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp 2. Manpreet Singh S/o Gurdeep Singh, 7-F Bada, Matilirathan, Teh. And Dist. Sriganganagar.

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----Respondents

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For Petitioner(s)	: Mr. Nishant Motsara Mr. DS Gharsana
For Respondent(s)	: Mr. Mr. Laxman Solanki, PP
	Mr. Ram Bhaj, SI P.S. Matili Rathan, Distt. Ganganagar

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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22/11/2022

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The instant criminal misc. petition under Section 482 Cr.P.c. has been preferred by the petitioner for quashing of FIR No.77/2020, Police Station Matili Rathan, District Sri Ganganagar

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(2 of 2)

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[CRLMP-3280/2021]

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for the offences under Section 419, 420, 467, 468, 471 & 120-B of IPC.

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Heard learned counsel for the petitioners and learned Public Prosecutor.

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Looking to the allegations leveled in the FIR and the factual report submitted by learned Public Prosecutor, I am not inclined to quashing the FIR. However, looking to the fact that the offences invoked in this case are triable by Magistrate and the provisions contained in Section 41 Cr.P.C. as well as the judgment passed by Hon'ble Apex Court in Arnesh Kumar vs. State of Bihar : AIR 2014 SC 2756 squarely apply, the Investigating Officer shall adhere to the aforesaid legal situation and shall not affect the arrest in routine and before affecting the arrest he shall issue prior notice under Section 41 Cr.P.C. In the event of filing of the chargesheet and moving of regular bail under Section 437 Cr.P.C. by the petitioner before the trial Court, he shall be released on bail on the amount of sureties and bonds to the satisfaction of the learned Magistrate.

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The instant misc. petition is disposed of. Stay petition is also disposed of.

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(FARJAND ALI),J

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285-Anshul/-

Kailash Chandra v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kailash Chandra v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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