Harimohan vs State Of Rajasthan and Ors

This petition has been filed under Section 482 Cr.P.C for quashing of FIR No. 323/2020 registered at Police Station Mantown, District Sawai

Madhopur for the offences under Sections 406, 420, 467, 468 and 471 IPC.

Heard Learned counsel for both the sides and perused the material available on record.

Learned counsel for the petitioners submit that this FIR has been lodged as a counter blast to the complaint filed by the accused petitioner under

Section 138 of NI Act against the complainant/respondents. The FIR deserves to be quashed. Therefore, 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.

Since the contents of FIR prima facie constitute cognizable offence, the other 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 29.01.2021 and as and when they are called upon to do so. After completion of

investigation, the police report (Challan/FR) shall be presented before the concerned Court. However, the petitioners shall not be arrested without

prior notice of seven days.

It is made clear that in case the accused petitioners fail to join the investigation, the Investigating Officer shall be free to arrest them forthwith, if so

required, subject to bail order, if any.

Learned Public Prosecutor is directed to call for the status report of the investigation.

List the matter on 10.02.2021.