- (1.) The following order was passed by this Court on 18 November 2020: "1 Mr. Shyam Divan, learned senior counsel appearing on behalf of the petitioner has adverted to the contents of the FIR dated 6 October 2020 (Annexure P-1). Learned counsel submits that ex facie, the alleged incident is stated to have occurred within the precincts of the petitioner's house and is, therefore, not a place within public view. Consequently, it has been submitted that the provisions of the SC and ST Act would not be attracted. Apart from this, it has been urged that ex facie the FIR does not have a ring of truth since (i) the complainant does not even remember the place or the address; (ii) the complainant refused to undergo a medical examination; and (iii) the FIR contains a statement that no injuries were sustained by the complainant, save and except for pain in the right shoulder. It has been submitted that the petitioner has cooperated in the investigation and his statement was recorded on 12 November 2020. Though the returnable date before the High Court was 18 November 2020, it has been submitted that the petition did not appear on Board before the High Court and there is a real apprehension of the arrest of the petitioner in the meantime. 2. Issue notice, returnable in six weeks. 3. Liberty to serve the Standing Counsel for the State of Rajasthan, in addition. 4. Pending further orders of this Court, there shall be an ad-interim stay of arrest of the petitioner in connection with FIR No 280 of 2020 dated 6.10.2020 lodged at Vidhyadhar Nagar Police Station, Jaipur (North), Rajasthan. 5. List the Special Leave Petition immediately after six weeks."
(2.) The petition filed under Section 482 of the Code of Criminal Procedure 1973, being S.B. Criminal Miscellaneous (Petition) No 4766/2020, for quashing the FIR is pending before the High Court. We accordingly request the High Court to dispose of the quashing petition expeditiously, preferably within a period of three months from the date on which a certified copy of this order is placed on the record before the Single Judge.
(3.) The order dated 18 November 2020 granting an interim stay of arrest shall continue to remain in operation until the petition is disposed of by the High Court.;