Gairo Devi and Others vs State of Rajasthan and Others

Vijay Bishnoi, J—This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners with a prayer for quashing the FIR No. 24/2015 dated 13.03.2015 of Police Station, Ramsar, District Barmer for the offences punishable under Sections 420, 467, 468 and 120-B IPC. It is also prayed that the Investigating Officer may be directed to conduct fair investigation regarding documents on which the petitioners are placing reliance.

After attempting to argue the case on merits for quite some time, learned counsel for the petitioners submits that he does not want to press this criminal misc. petition, however, seeks liberty for the petitioners to move a representation before the Investigating Officer along with the documents on which he is placing reliance. Learned counsel for the petitioners has submitted that a direction be issued to the Investigating Officer to take into consideration the representation of the petitioners and the documents on which they are placing reliance and to conduct fair investigation. Learned counsel for the petitioners has also prayed that a direction be issued to the Investigating Officer to comply with the provisions of Sections 41 and 41-A Cr.P.C. while investigating into the allegations levelled in the impugned FIR.

Learned Public Prosecutor has submitted that the Investigating Officer, who is investigating into the allegations levelled in the impugned FIR, is obliged to take into consideration the representation as well as the documents, if so submitted by the petitioners and he is also obliged to comply with the provisions of Sections 41 and 41-A Cr.P.C. if the same are applicable in the facts and circumstances of the case.

In view of the above circumstances, this criminal misc. petition under Section 482 Cr.P.C. challenging the impugned FIR is dismissed as not pressed. However, the petitioners are at liberty to move representation before the Investigating Officer along with the documents on which they are placing reliance. If any such representation is moved on behalf of the petitioners, the Investigating Officer will consider the same along with the documents and conduct the investigation into the allegations levelled in the impugned FIR in a fair manner.

So far as prayer of learned counsel for the petitioners to give a direction to the Investigating Officer to comply with the provisions of Sections 41 and 41-A Cr.P.C. are concerned, this Court is of the opinion that provisions of Sections 41 and 41-A Cr.P.C. are mandatory in nature, therefore, every Investigating Officer is obliged to comply with the procedure laid down under the provisions of Sections 41 and 41-A Cr.P.C. after appreciating the applicability of same in the facts and circumstances of each case. The Hon''ble Supreme Court in Arnesh Kumar Vs. State of Bihar, AIR 2014 SC 2756 : (2014) AIRSCW 3930 : (2014) 7 JT 527 : (2014) 8 SCALE 250 : (2014) 8 SCC 273 has also given specific direction to the State Governments to ensure the compliance of the provisions of Sections 41 and 41-A Cr.P.C. Hence, no separate direction is required to be issued in this criminal misc. petition.

Stay petition also stands dismissed.