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2021 DIGILAW 2169 (RAJ)

Imran Ansar v. State of Rajasthan

2021-11-18

VINIT KUMAR MATHUR

body2021
JUDGMENT Vinit Kumar Mathur, J. - The present Misc. Petiton under Section 482 Cr.P.C. has been filed by the petitioner with a prayer for quashing the F.I.R. No. 0273/2021 dated 29.07.2021 registered at Police Station Kothwali Pali, District Pali for the offence punishable under Sections 341, 342, 323, 506 & 384 of the IPC. 2. Heard. 3. Learned counsel for the petitioner submits that the petitioner has not been named in the FIR nor any overt act has been reported against him. He, therefore, submits that the petitioner has been falsely implicated in the present case. 4. Learned Public Prosecutor on the strength of factual report submits that though the petitioner has not been named by the co-accused persons and no specific allegation has been made by the co-accused persons in their statements, however, it is reported that the petitioner would be paid Rs.20,000/-. He however, frankly submits that the payment of Rs.20,000/- is not stated to be in relation to the present loot or otherwise. 5. In the circumstances, the present petition is disposed of with a direction to the petitioner to appear before the Investigating Officer by submitting all the documents showing his bona fides and innocence in the matter. If The Investigating Officer after investigation feels that custodial interrogation of the petitioner is required in the present case, he will give a notice of ten days under Sections 41 and 41-A Cr.P.C before effecting the arrest of the petitioner in the light of the judgment of the Hon’ble Supreme Court in Arnesh Kumar V/s State of Bihar and Anr. reported in (2014) 8 SCC 273 & AIR 2014 SC 2756 . 6. Needless to say, the petitioner will co-operate with the Investigating Agency and appear before the Investigating Officer as and when called upon to do so. 7. Stay petition also stands disposed of.