SURESH KUMAR OJHWANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant miscellaneous petition, challenge has been made to the very lodging of the FIR No.61/2022 registered at Police Station Christianganj, Ajmer for offence under Ss. 354 IPC.

(2.) Heard learned counsel for the petitioners and the learned Public Prosecutor. Gone through the contents of the FIR and the other material made available on record.

(3.) After going through the nature of allegations leveled in the FIR and the nature of the offence, this Court does not deem it appropriate to quash the FIR impugned and to hamper the course of investigation. However, looking to the totality of facts and circumstances of the case and the fact that the offence is exclusively triable by the Court of Magistrate or Sec. 41 of Cr.P.C. applies and looking to the applicability of the judgment passed by Hon'ble the Supreme Court in case of Arnesh Kumar Vs. State of Bihar and Anr. [(2014) 8 SCC 273], while exercising the extraordinary powers available with this Court, I deem it appropriate to direct the petitioner/s to submit a detailed representation to the concerned Superintendent of Police averring therein all the grounds which have been raised in this petition within a period of 20 days from the date of receipt of this order.