AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
6 paragraphs · 190 wordsKuldeep Mathur, J
The instant criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing of the FIR No.143/2024 registered at Police Station Mahamandir, District Jodhpur for the offences under Sections 420 and 406 IPC.
Heard learned counsel for the petitioner and learned Public Prosecutor.
Looking to the nature of allegations levelled in the FIR, this Court is not inclined to quash the impugned FIR.
However, looking to the fact that the offences alleged to have been committed by the petitioner are triable by a court of Magistrate and keeping in mind the provisions contained in Section 41A Cr.P.C. as well as the judgment passed by Hon’ble the Supreme Court in the case of Arnesh Kumar vs. State of Bihar, reported in AIR 2014 SC 2756 squarely apply, the Investigating Officer shall adhere to the aforesaid legal provision as well precedent law shall not effect the arrest in routine manner and before effecting the arrest, the Investigating Officer shall issue a prior notice to the petitioner under Section 41A Cr.P.C.
With the aforesaid direction, the misc. petition as well as stay application are disposed of.