RAJINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner Rajinder Singh has filed the present petition under Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Cr.P.C.'), seeking the following relief:-

(2.) As per factual position asserted in the petition, on the complaint of one Neelam Chandel, FIR No. 78 dtd. 14/6/2023 has been registered under Ss. 420 and 120B of the Indian Penal Code (hereinafter referred to as the 'IPC') with Police Station, Manpura, Police District Baddi, District Solan, H.P. The petitioner has asserted the factual position, in the manner, in which, the FIR has been registered against him.

(3.) In addition to this, the petitioner has also put-forth his defence. According to him, the offence alleged in the FIR is the economic offence and police has registered the FIR without conducting the preliminary inquiry. The petitioner is stated to be having documentary proof to demonstrate his innocence. Reiterating the provisions of Sec. 41A Cr.P.C., as well as, the judgment of the Hon'ble Apex Court in Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273, the petitioner has asserted that he is having serious apprehensions that due to extraneous considerations, he may be arrested in this case, without verifying the factual position.