MOHINUDDIN QURESHI @ MUNNA KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this criminal writ petition with a prayer for seeking to transfer the matter for further investigation in FIR No.217/2016 registered at Police Station Jyoti Nagar, District Jaipur to other investigating agency like CBI. The other prayer is for quashing of FIR.

(2.) It is contended by counsel for the petitioner that warrants issued under Section 37 of the Police Act were obtained by the police against the accused-petitioner. Petitioner challenged the same and vide order dated 03.06.2016 Additional Chief Metropolitan Magistrate No.8, Jaipur Metropolitan, cancelled the warrants under Section 37 of the Police Act. Police was directed to comply with Section 41 of Cr.P.C. It is also contended that no notices under Section 41-A of Cr.P.C. was served upon the petitioner and without obtaining any warrants of arrest at 9.35 pm on 27.06.2016, two persons entered as courier boys into the house of petitioner followed by police constables who forcefully took away the petitioner in police jeep. Son of the petitioner informed the police personnel that warrants under Section 37 of the Police Act have been cancelled by the court but no heed was paid to his request.

(3.) It is contended by counsel for the petitioner that a false case has been registered by the police that petitioner and his sons gave beating to the police and created hindrance in performance of their duties. It is also contended that the entire event was captured in the CCTV installed at the residence of the petitioner, the same was played before the Court from which it is revealed that petitioner and his sons did not attack the police personnel rather petitioner was forcibly taken away in police jeep.