Krishan And Ors vs State Of Raj And Anr

Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.34/2018 registered at Police Station Harsora, District Alwar,

for offences under Sections 341, 323, 451 and 447 IPC and Sections 3(1)(F) and 3(1)(S) of SC/ST Act.

This court on 12.04.2018 had passed the following order:-

“Issue notice to the respondents.

On the asking of the court, Mr. NS Dhakad learned Public Prosecutor accepts notice on behalf of the respondent no.1.

Investigating officer through learned public prosecutor is further directed to serve notice upon the respondent no.2 regarding pendency of the present

petition and next date fixed before this Court.

List this case on 23.4.2018. On that day, investigating officer shall remain present in the court alongwith the records.â€​

In pursuance of the said order, Janesh Tanwar, Deputy Superintendent of Police, Ciricle Officer Bansur, District Alwar, is present in court. He has

stated that petitioner No.1 is Advocate of the accused who are in dispute over the land with complainant-respondent.

Investigating Officer has submitted that petitioner No.1 was not present at the scene of occurrence. Investigating Officer has submitted that record is

being gathered from the office of the Block Development Officer to determine the possession over the land in dispute and the petitioners are not

required for custodial interrogation.

Investigating Officer has further submitted that he shall conclude the investigation within a period of two months and shall file the report of

investigation along with his opinion in the court of competent jurisdiction.

Accepting the statement made by Investigating Officer, accused-petitioners are not to be arrested, the present petition is disposed of, by exempting

personal appearance of the petitioners before the trial court on following conditions:

(a) That the petitioners shall file an undertaking before the trial court that they shall appear before the trial court at the time of framing of charges,

recording of evidence and statement of the accused under Section 313 Cr.P.C.

(b) That in the undertaking filed the petitioners shall specifically state that any evidence recorded in their absence, but in presence of their counsel,

shall be binding upon them.

(c) That the accused-petitioners shall also undertake to appear before the trial court as and when called by the trial Judge.

(d) That the trial court upon appearance of the petitioners and filing of the charge-sheet shall accept personal bail bonds of the petitioners and the

bonds to be furnished by two sureties to its satisfaction and petitioners shall be permitted to remain of bail.

The above order has been passed, considering that in the present case regarding a civil dispute even the lawyer of the party has not spared and has

been named as accused, therefore, at this juncture, false implication of the petitioners cannot be ruled out.

Liberty is granted to the petitioner to raise all arguments available to them before the trial court at appropriate stage