Sanjay Tanwar Son of Shri Bheru Lal Ji v. State of Rajasthan
2017-10-30
PUSHPENDRA SINGH BHATI
body2017
DigiLaw.ai
ORDER : PUSHPENDRA SINGH BHATI, J. The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C for quashing the registration and investigation in the matter of FIR dated 25.09.2017 bearing No. 391/2017 of Amba Mata Police Station, District Udaipur for the offences under Sections 365, 420, 467, 468 of IPC. 2. Learned counsel for the petitioner has shown from the record the registered document. 3. Learned counsel for the petitioner has states that one Vishal was having the power of attorney of present respondent No. 2 and the sale has taken place on the basis of that power of attorney to the present petitioner. 4. Learned counsel for the petitioner further states that the power of attorney was objected by the complainant on one stage however, that objection was withdrawn by the complainant. Subsequently, on the basis of the same power of attorney, the registered sale deed has happened. 5. Learned counsel for the petitioner further reiterated that the acceptance and approval was reflected in the present of the respondent No. 2 at the time of registered sale deed and therefore, no criminal offence is made out. 6. Learned counsel for the petitioner states that the petitioner wants to submit a representation along with all the relevant documents before the concerned investigating authority. 7. Learned Public Prosecutor assures this Court that if the petitioner submits a representation along with all the necessary documents before the concerned investigating authority within a period of fifteen days from today, then the same shall be considered and decided strictly in accordance with law, before completing the investigation. 8. 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 petitioner submits a representation along with all the necessary documents before it within a period of fifteen 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. However, if during the investigation, the concerned investigating authority needs to arrest the petitioner, then the petitioner shall be given 15 days notice before making such arrest. The petitioner shall be at liberty to approach this Court again, in case need arises.
However, if during the investigation, the concerned investigating authority needs to arrest the petitioner, then the petitioner shall be given 15 days notice before making such arrest. The petitioner shall be at liberty to approach this Court again, in case need arises. However, it is made clear that the petitioner shall be required to completely cooperate with the investigation.