PRAMOD JAISWAL AND OTHERS Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2018-9-87
HIGH COURT OF RAJASTHAN
Decided on September 10,2018

Pramod Jaiswal And Others Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

KANWALJIT SINGH AHLUWALIA,J. - (1.) This Court on 6.9.2018 had passed the following order:- "Instant petition has been preferred under Section 482 Cr.P.C., 1973 by newly married couple seeking quashing of impugned F.I.R. No. 189/2018 dated 10.08.2018 registered at Police Station Baroda-mev District Alwar for commission of offence punishable under Section 366 of Indian Penal Code. Petitioner No. 1 - Pramod Jaiswal earlier filed D.B. Habeas Corpus Petition No. 175 of 2018 in this Court. On the directions issued by the Division Bench of this Court, the statement of petitioner No. 2/victim - Suman was recorded by the Deputy Registrar (Judicial) of this Court. The said statement is annexed as Annexure-5 and the same, for ready reference is reproduced herein below:- ...[VERNACULAR TEXT OMITTED]... The Division Bench of this Court noted the desire of Suman that she intends to stay with Pramod Jaiswal, petitioner No. 1, and taking her statement into consideration, permitted her to stay with Pramod Jaiswal, petitioner No. 1. The Division Bench had further directed that statement of Suman under Section 164 Cr.P.C., 1973 shall be recorded by concerned Magistrate. The Division Bench directed that Suman shall remain present in person in the Court of concerned Magistrate on 29.08.2018 for recording of her statement. The learned counsel appearing for the petitioners contends that earlier the petitioners approached this Court for grant of protection, but the said petition was dismissed as withdrawn with liberty to file appropriate application before the Division Bench. Counsel further contends that in terms of the order passed by the Division Bench of this Court, the petitioner No. 2 could appear before concerned Magistrate on 29.08.2018, as she apprehended danger to her life. It is contended that there is imminent threat to the life of the petitioners and they may be liquidated as victim of honour killing. In the peculiar facts and circumstances of the present case, ld. Public Prosecutor appearing for the State, is directed to instruct Deputy Commissioner of Police in whose jurisdiction Police Station Ashok Nagar, Jaipur having jurisdiction over the High Court falls to make arrangements for production of petitioner No. 2 in the Court of concerned Magistrate having jurisdiction over Police Station Baroda Meo District Alwar, tomorrow i.e. 07.09.2018 at 10:30 A.M. The concerned Magistrate shall record statement of petitioner No. 2 - Suman under Section 164 Cr.P.C., 1973 A copy of the said statement shall be transmitted to this Court by the Police Official who under the directions of the Deputy Commissioner of Police shall produce petitioner No. 2 - Suman in the Court of concerned Magistrate. List this case on 10.09.2018. On the said date, the petitioners shall be produced in this Court by the Deputy Commissioner of Police. On that day, concerned Investigating Officer shall also remain present in person before this Court, along with the records of the case. Let a copy of this order, under the seal and signature of the Court Master, be handed over to ld. Public Prosecutor appearing for the State, for onward transmission and necessary compliance."
(2.) In pursuance of the aforesaid order, statement of petitioner no.2 Suman has been recorded by Additional Chief Judicial Magistrate, Laxamangarh, Alwar. A copy of the said statement has been produced before this Court and the same is taken on record.
(3.) For ready reference, statement of petitioner no.2 Suman recorded by Additional Chief Judicial Magistrate, Laxamangarh, Alwar is reproduced below:- ...[VERNACULAR TEXT OMITTED]...;


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