Disposed

Udai Lal Gadri v. State

Rajasthan HC8 Apr 2024CRLMP/416/2019

Case brief

AI extract

What is this about?

The High Court did not quash the FIR under Section 482 Cr.P.C. but directed that the petitioner must not be arrested during investigation as penalties are under seven years. It ordered that upon charge-sheet filing, the petitioner apply for bail and be released on the same day.

What did the court decide?

Directed non-arrest during investigation; mandatory bail immediately upon charge-sheet filing.

Udai Lal Gadri Vs State — Quashing and FIR | Rajasthan HC (2024)

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[2024:RJ-JD:15714]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 416/2019

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Udai Lal Gadri S/o Shri Magna Ji Gadri, Aged About 43 Years, Resident Of Gathilal Khera, Bhilwara (Raj.)

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----Petitioner

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Versus

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State of Rajasthan, Through Pp

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Madhav Prasad S/o Shri Bhanwar Lal Jethliya, Resident Of 17/25, Nai Sham Ki Sabji Mandi, Bhilwara (Raj.)

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----Respondents

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For Petitioner	: Mr.	Ramesh Purohit
For Respondent No.1	: Mr.	A.R. Choudhary,P.P.
For Respondent No.2	: Mr.	B.S. Charan

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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08/04/2024

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This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner for quashing the FIR No.401/2018 registered at Police Station Kotwali Bhilwara, District Bhilwara for the offences under Sections 420, 406 and 120-B of IPC.

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Heard learned counsel for the parties perused the FIR under assail as well as the other material as made available to this Court.

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After going through the niceties of the matter, this Court feels that though no case for quashing of the FIR is made out but there are certain circumstances persuading to this Court to pass an appropriate order so that fundamental right of the petitioner regarding his liberty may be protected.

(2 of 2)

[2024:RJ-JD:15714]

[CRLMP-416/2019]

In this view of the matter, it is directed that during the entire course of investigation, the petitioner shall not be arrested since the maximum punishment, as could be awarded under alleged offence, is not more than seven years and in such cases, Sections 41 and 41-A of Cr.P.C. as well as judgment passed by Hon’ble the Supreme Court in the case of Arnesh Kumar vs State Of Bihar & Anr. reported in AIR 2014 SC 2756 are squarely applicable. 5. It is further directed that in the event offence is found to be proved and charge-sheet is to be submitted then instead of affecting arrest, the petitioners shall be directed to remain present before the trial court, where the charge-sheet would be submitted. Upon his appearance and filing of charge-sheet, he would move a regular bail application under Section 437 of Cr.P.C., upon which, learned trial Judge shall release him on bail on the very same day, on the amount of sureties and bonds as he/she deems fit.

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Needless to say that the petitioner is not precluded from raising his issues before the trial court at appropriate stage. 7. With these observations, this criminal misc. petition as well as stay petition are disposed of.

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(FARJAND ALI),J

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Abhishek Kumar S.No.319

Udai Lal Gadri v. State

Case brief

What is this about?

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Udai Lal Gadri v. State

Case brief

What is this about?

What did the court decide?

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