Devi Lal And Ors vs State And Ors

Petitioners have preferred the present misc. petition under Section 482 of Cr.P.C. claiming the following relief :-"It is, therefore, most respectfully prayed that this misc. petition may kindly be allowed and the registration as well as investigation in the persent FIR bearing NO.225/2019 of Banswara Sadar Police Station, District Banswara, for the offence U/s 420, 467, 468, 471, 120-B of Indian Penal Code, may kindly be quashed and set aside in the interest of justice."

Learned counsel for the petitioner submits that it is a family dispute, as the parties are seeking challenge to the application for conversion of the land in question which is being disputed by the complainant.

Learned counsel for the petitioner, however, submits that the petitioners want to submit a representation alongwith all the relevant documents before the concerned investigating authority to redress the issue.

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 ten days from today, then the same shall be considered and decided strictly in accordance with law, before completing the investigation.

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 ten 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.

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 un-necessary hardship to the accused, who deserves a basic opportunity of explaining his 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 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. The stay petition also stands disposed of.