Ashok Tak v. State
Case brief
What is this about?
Petitioners sought quashing of FIR for cheating offences. Court refused quashing but directed I.O. to issue prior notice under Section 41 Cr.P.C. before arrest, relying on Arnesh Kumar, and offered bail upon filing chargesheet.
What did the court decide?
Direct instruction to Investigating Officer to issue prior notice under Section 41 Cr.P.C. before affecting arrest.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 292/2020
Ashok Tak S/o Shri Madan Lal Tak, Aged About 30 Years, Occupation Advocate, R/o Neemach Mata Scheme, Devali, P.s. Amba Mata, Udaipur, District Udaipur (Raj.).
----Petitioner
Versus
- State, Through P.p.
- Surendra Kumar S/o Shri Vijay Singh Nahar, Aged About 60 Years, 3-B, Hajareshwar Colony, Hathipol, Udaipur, District Udaipur (Raj.).
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 5555/2019
Eleena Sheikh W/o Sh. Rasheed Sheikh, Aged About 28 Years, R/ o Mulla Talai, Rata Khet, 80 Fit Road, P.s. Amba Mata, Udaipur.
----Petitioner
Issues for consideration
1 issue framed by the court
Whether the FIR should be quashed under Section 482 Cr.P.C.
Parties & counsel
- petitioner
Ashok Tak
- petitioner
Eleena Sheikh
- respondent
State, Through P.p.
- respondent
Surendra Kumar
Coram
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · November
- Registered
- Case no.
- CRLMP/292/2020
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