Dinesh Sharma vs State Of Rajasthan And Ors

This misc. petition under Section 482 Cr.P.C. for quashing of FIR No.151/2019 registered at Police Station Deedwana, District Nagaur for the offences under Sections 342, 376 and 511 of IPC.

At the outset, counsel for the petitioner submits that the petitioner is the biological father of respondent No.2.

The status report furnished by learned Public Prosecutor concludes that offences under Sections 376/511 and 342 of IPC are not made out. However, the investigating officer has recorded that the offence under Section 343 of IPC is made out.

This Court while taking note of the fact that the petitioner is biological father of respondent No.2, the petitioner is directed to submit representation alongwith all the relevant documents before the concerned investigating authority to redress the issue.

Learned Public Prosecutor assures this Court that if the petitioner submits 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 petitioner submits 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.

In the peculiar facts of the case, it would be appropriate to grant protection from arrest to the petitioner 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 petitioner, then the petitioner shall be given 15 days' notice before making such arrest. The petitioner shall be required to join the investigation.

The stay petition also stands disposed of.