JUDGEMENT
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(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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