[Jodhpur Violence] Rajasthan High Court Grants Interim Protection From Arrests To 3 Accused Persons

The court has directed the Investigation Officer to remain present with case diary and CCTV Footage of the incident (if any) on the next date of hearing.

Justice Dinesh Mehta, observed,

"Having regard to the facts and circumstances of the case, the Investigating Officer is directed to remain present with case diary and CCTV Footage of the incident (if any) on 23.05.2022. The matter shall be taken up at 11.00 a.m. on 23.05.2022. Till then, the petitioners shall not be arrested in connection with FIR No.127/2022, P.S. Sardarpura, Jodhpur."

The counsel for the petitioners, submitted that for the incident that had taken place at about 11.00 p.m. on 02.05.2022 at Jalori Gate Chouraha, Jodhpur, apart from a number of private FIRs, the SHO, Sardarpura has already lodged an FIR being FIR No.113/2022 and, therefore, for the same incident, the impugned FIR No.127/2022, which has been lodged by complainant belatedly after three days, is an after thought attempt to ward off proceedings against guilty persons, being a counter blast.

Further, he argued that the very registration of the subsequent FIR is barred by the principle laid down by Hon'ble the Supreme Court in a host of decisions, laying down that for one incident another subsequent or more FIRs cannot be registered.

In addition to this, while maintaining that investigation pursuant to the second FIR, which is impugned in the instant petition cannot take place, the petitioners' counsel also submitted that in the name of investigation of the contentious FIR, the petitioners, who were not even present at the time and place of incident, are being harassed and are likely to be apprehended.

The court ordered that the matter shall be taken up at 11.00 a.m. on 23.05.2022.

Adv. Moti Singh and Adv. Kapil Purohit appeared for the petitioners while PP Vikram Sharma appeared for the respondent(s).

Case Title: Hitesh Vyas & Ors. .v. State Of Rajasthan & Anr.

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