Ramsahai Yadav vs State Of Rajasthan And Ors

This petition has been filed under Section 482 Cr.P.C for quashing of FIR No. 232/2020 registered at Police Station Jobner District Jaipur for the

offence under Sections 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 submits that the complainant-respondents issued a cheque in favour of accused- petitioner which was

dishonoured and consequent thereupon criminal complaint under Section 138 of NI Act was filed by the accused-petitioner. As a counterblast, this

false and fabricated FIR has been registered against the accused-petitioner. Therefore, the said 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.

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. The accused-petitioner shall join the

investigation and shall appear before the Investigating Officer on or before 12.01.2021, as and when he is called upon to do so, but he 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 03.02.2021.