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Judgment
This petition has been filed under Section 482 Cr.P.C for quashing of FIR No. 540/2020 registered at Police Station Rajgarh, District Alwar for the
offence under Sections 143, 323, 341, 354 IPC.
Heard Learned counsel for both the sides and perused the material available on record.
Learned counsel for the petitioners submits that the present FIR has been lodged against the petitioners with totally false and fabricated allegations
as a counterblast to earlier FIR lodged by the petitioners side. This FIR has been registered only to compel the petitioners to settle the dispute. The
Investigating Agency is not conducting the investigation in fair and impartial manner. Therefore, FIR deserves to be quashed and in the alternative
further investigation in the matter should be stayed and the petitioners should be granted interim protection from any sort of coercive action.
Learned Public Prosecutor submits that appropriate directions may be issued.
Alleged grounds for quashing the impugned FIR as per the legal position expounded in State of Haryana Vs. Bhajan Lal [1992 (supp) 1 SCC 335]
can only be disclosed after due investigation. Further, As per P. Chidambaram Vs. Directorate of Enforcement [(2019) 9 SCC 24 ]the investigation is
in the domain of the Investigating Agency and the courts are not supposed to interfere in the investigation. At the same time the accused is entitled to
avail due legal remedies available to him for protection of his/ her personal liberty.
Therefore, in light of above legal position, it is not appropriate to stay the investigation in the matter, however, having regard to the above
submissions but without expressing any opinion on merits, it is directed that the investigation shall continue and the petitioners shall join the investigation
and shall appear before the Investigating Officer on or before 12.01.2021, as and when they are called upon to do so, but they shall not be arrested
without prior notice of seven days.
Learned Public Prosecutor is directed to call for the Status Report of the investigation.
List the matter on 02.02.2021.