Disposed

Gurvinder Singh v. State of Rajasthan

Rajasthan HC22 Nov 2022CRLMP/3280/2021

Case brief

AI extract

What is this about?

Petitioner sought quashing of FIR alleging offences under IPC Sections 419, 420, 467, 468, 471 and 120-B. Court declined to quash but directed Investigating Officer to issue prior notice under Section 41 CrPC before arrest in routine, applying Arnesh Kumar principle.

What did the court decide?

Investigating Officer directed to issue prior notice under Section 41 Cr.P.C. before routine arrest; petitioner to be granted bail on sureties if regular bail moved after chargesheet.

Gurvinder Singh Vs State of Rajasthan — Cheque Dishonour | 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.

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Stay petition is also disposed of.

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(FARJAND ALI),J

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285-Anshul/-

Gurvinder Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Gurvinder Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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