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Judgment
This Petition has been filed under Section 482 Cr.P.C. for quashing of the proceedings in FIR No.368/2020 registered at Police Station Kotwali
Dausa for offences under Sections 420 and 406 IPC.
Heard learned counsel for both the sides and perused the material made available on record.
Learned counsel for the petitioner submits that the Investigating Agency has been issuing notice after notice against the petitioner, but the petitioner
is not aware of any allegation levelled against him. He has not committed any crime and he is being harassed unnecessarily. Therefore, the above FIR
deserves to be quashed and the petitioner should be granted interim protection from any sort of coercive action.
Learned Public Prosecutor submits that appropriate directions may be issued.
No copy of FIR has been presented before this court. Therefore, without expressing any opinion on investigation it is directed that the investigation
shall continue and the petitioner shall join the investigation and shall appear before the Investigating Officer on or before 25-1-2021 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.
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 8-2-2021.