R.S. Chauhan, J. - (1.) THE Petitioner has approached this Court with the prayer that the police should be directed not to arrest him. This prayer rises under the following factual matrix.
(2.) ONE Mr. Dilip Duggar, the nephew of the Petitioner, had filed a criminal complaint against the Petitioner and others in the Court of learned Additional Civil Judge (J.D.) and Additional Judicial Magistrate No. 17, Jaipur City, Jaipur, wherein he alleged that the Petitioner and others had committed offences under Sections 420, 467, 468, 471 and 120B IPC. The said complaint was sent for further investigation under Section 156(3) Code of Criminal Procedure to the Police Station Banipark, Jaipur. On the basis of the said complaint, a formal FIR, FIR No. 23/2009, was chalked out for the aforementioned offences. However, after a thorough investigation, the police had submitted a negative final report, inter alia , on the ground that since the complainant has already instituted a civil case against the Petitioner and others, the entire case was of civil nature, rather than a criminal one. After the submission of the negative final report, a notice was issued to the complainant. So far the complainant has not appeared before the trial court. Therefore, his statement and statements of his witnesses, under Sections 200 and 202 Code of Criminal Procedure , have not been recorded. Meanwhile, according to the Petitioner, although the negative final report is pending before the civil court, the police is still harassing him. They are threatening him that they are likely to arrest him. Fearing the possibility that he may be arrested by the police, the Petitioner moved a petition under Section 438 Code of Criminal Procedure before the Sessions Judge, Jaipur City, Jaipur. However, vide order dated 01.03.2011, the learned Judge has dismissed the said petition ostensibly on the ground that since a negative final report was submitted by the police, there is no chance of the police arresting the Petitioner. Hence, the apprehension entertained by the Petitioner is misfounded. Therefore, this petition before this Court seeking that the liberty of the Petitioner should be protected as the police is still threatening to arrest him. The learned Counsel for the Petitioner has contended that the liberty is the heart of the Constitution of India, and the soul of every citizen of this country. Therefore, liberty has to be protected especially when a negative final report has been filed by the Investigating Agency.
(3.) HEARD the learned Counsel for the parties.;