Sanjay vs State Of Rajasthan

This Petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.209/2020 registered at Police Station Mehandwas District Tonk for

offence under Section 363 IPC.

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

Learned counsel for the petitioner submits that the petitioner is quite innocent and he has been falsely implicated in the matter. The FIR deserves to

be quashed only on the basis of statements of the victim recorded under Section 164 Cr.P.C. Therefore, further investigation in the matter should be

stayed and the petitioner 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 of the impugned FIR as per the legal

position as 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. Direcotrate 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 petitioner shall join the investigation

and shall appear before the Investigating Officer on 15-1-2021 and as and when he is called upon to do so. After completion of investigation, the

police report (challan/ FR) shall be presented before the concerned court. However, the petitioner shall not be arrested without prior notice of seven

days.

Learned Public Prosecutor is directed to return the case diary immediately.

It is made clear that in case the accused petitioner fails to join the investigation, the Investigating Officer shall be free to arrest him 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 10-2-2021.