GOPAL NATH Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Crimial P.C. has been filed by the petitioner with a prayer for quashing the FIR No.53/2015 dated 20.02.2015 of Police Station, Dungargarh, District Bikaner for the offences punishable under Sections 420, 466, 467, 468, 471 and 474 IPC. It is also prayed that the Investigating Officer may be directed to conduct fair investigation regarding documents on which the petitioner is placing reliance.

(2.) After attempting to argue the case on merits for quite some time, learned counsel for the petitioner submits that he does not want to press this criminal misc. petition, however, seeks liberty for the petitioner to move a representation before the Investigating Officer along with the documents on which he is placing reliance. Learned counsel for the petitioner has submitted that a direction be issued to the Investigating Officer to take into consideration the representation of the petitioner and the documents on which he is placing reliance and to conduct fair investigation. Learned counsel for the petitioner has also prayed that a direction be issued to the Investigating Officer to comply with the provisions of Sections 41 and 41-A Crimial P.C. while investigating into the allegations levelled in the impugned FIR.

(3.) Learned Public Prosecutor has submitted that the Investigating Officer, who is investigating into the allegations levelled in the impugned FIR, is obliged to take into consideration the representation as well as the documents, if any to be submitted by the petitioner and he is also obliged to comply with the provisions of Sections 41 and 41-A Crimial P.C. if the same are applicable in the facts and circumstances of the case.