RUKMANI BIRLA HOSPITAL Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2020-1-266
HIGH COURT OF RAJASTHAN (FROM: JAIPUR)
Decided on January 02,2020

Rukmani Birla Hospital Appellant
VERSUS
STATE OF RAJASTHAN Respondents


Referred Judgements :-

STATE OF HARYANA VS. BHAJAN LAL [REFERRED TO]


JUDGEMENT

- (1.)The petitioner by way of this petition, has assailed the FIR No.682/2019 lodged at Police Station, Shipra Path, Jaipur dated 27.7.2019 and submits that the wall, that had collapsed on account of which, one person died and several other persons were injured who were living in the house adjacent to the wall, was not in their possession and therefore the respondents would not lie. It is submitted that upon the notice given to them under Section 91 Cr.P.C. by the Investigating Officer, they have already submitted a representation on 8.8.2019 alongwith the documents. However, the Investigating Officer is making further investigation and calling the petitioner which is causing harassment.
(2.)Per contra, learned Public Prosecutor submits that notice under Section 91 of Cr.P.C. was served on the Director of the hospital on 27.7.2019 for providing documents which were mentioned therein. All the documents which were demanded have not been provided to the Investigating Officer. Resultantly, the investigation is still undergoing and merely because the investigation is going on the FIR ought not to be quashed.
(3.)I have considered the submissions.


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