Manoj Kumar Vyas & Anr vs State Of Rajasthan & Anr

The petitioners have preferred this misc. petition under Section 482 of Cr. P.C. for quashing of FIR No.208/2018 lodged qua them at P.S. Boranada, Jodhpur City (West) for the offence under Sections 420, 467, 468, 471 and 120-B IPC.

Counsel for the petitioners submit that an agreement was executed between petitioners and complainant for four flats, bearing No.L-124, M-020, L-001 and M-012. The allegation is that when the complainant visited the site on 26.8.2017, in Flat No. L-124, one stranger was found occupying the said flat and later on complainant came to know that petitioner Manoj Kumar had executed sale-deed in favour of some other person, thus, has mis-appropriated the amount and has committed cheating.

Counsel for the petitioners submit that FIR itself reveals that the petitioners and complainant were having financial transaction for the property in-question. Counsel for the petitioners have demonstrated through statement of account that after paying Rs.9 Lacs through RTGS complainant did not pay a single penny to the petitioners in continuance of the agreement and did not perform his part of duty and the cheques given by him were not put in bank on the request of the complainant himself, thus, they were not at any fault in executing new agreement.

Counsel for the petitioners submit that the petitioners want to submit a representation alongwith all the relevant documents before the concerned investigating authority to redress their issue.

Learned Public Prosecutor assures this Court that if the petitioners submit a representation alongwith 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 alongwith 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.