HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5996/2021 Arjun Ram S/o Badri Ram, Aged About 58 Years, Chatra Manjara, P.S. Sadar, Nagaur, Dist. Nagaur.
----Petitioner Versus
1. State Of Rajasthan, Through Pp
2. Sampat Lal Meghwal, At Present Branch Manager, State Bank Of India, Birloka, Tehsil Khinvsar, Dist. Nagaur.
----Respondents Connected With S.B. Criminal Misc(Pet.) No. 5979/2021 Arjun Ram S/o Badri Ram, Aged About 58 Years, Chatra Manjara, P.S. Sadar, Nagaur
----Petitioner Versus
1. State Of Rajasthan, Through Pp
2. Sampat Lal Meghwal, At Present Branch Manager, State Bank Of India, Birloka, Tehsil Khinvsar, District Nagaur
----Respondents S.B. Criminal Misc(Pet.) No. 6028/2021 Arjun Ram S/o Badri Ram, Aged About 58 Years, R/o Chatra Manjara, P.S. Sadar, Nagaur, District Nagaur.
----Petitioner Versus
1. State Of Rajasthan, Through Pp
2. Sampat Lal Meghwal, At Present Branch Manager, State Bank Of India, Birloka, Tehsil Khinvsar, District Nagaur.
----Respondents For Petitioner(s) : Mr. G.R. Punia, Sr. Adv. Assisted by Mr. Mahaveer Bhanwariya Mr. N.S. Choudhary For Respondent(s) : Mr. Mukesh Trivedi, PP HON'BLE MR. JUSTICE VINIT KUMAR MATHUR (Downloaded on 12/11/2021 at 08:58:52 PM) (2 of 3) [CRLMP-5996/2021] Judgment 12/11/2021 Heard learned counsel for the petitioner. Learned counsel for the petitioner has filed the present petitions for quashing of the FIR Nos.101/2020, 102/2020 and 99/2020 respectively, registered at Police Station, Khinvsar, District Nagaur.
Learned Senior Counsel for the petitioner submits that he will be satisfied if a direction is issued to the Investigating Authority for fair and impartial investigation in the matter. He further submits that the petitioner himself has approached the investigating officer prior to the lodging of the FIR informing him that his signatures have been forged on the search reports filed for sanctioning of 13 loans from the State Bank of India.
Learned Senior Counsel further submits that the signatures of the petitioner on the search reports have been forged by one of the authorized agent of the bank. This fact of forgery has also been stated by the agent in the affidavit which is produced on record. The agent has stated that he has affixed signatures on the search reports fraudulently for the procurement of the loan. He therefore, submits that the Investigating Agency may kindly be directed to investigate the matter from this angle also by taking the specimen signatures of the petitioner for getting the same verified on the forged search reports.
Learned Senior Counsel submits that the petitioner is a practicing lawyer and has already been arrested in two FIRs and the Investigating Agency has already made the custodial interrogation of the petitioner and therefore, in other FIRs, no useful purpose will be served by arresting the petitioner. The (Downloaded on 12/11/2021 at 08:58:52 PM) (3 of 3) [CRLMP-5996/2021] petitioner is ready to cooperate with the Investigating Agency by submitting all the requisite documents.
Learned Public Prosecutor assures this Court that the investigation in the matter will be done impartially and the signatures allegedly having been forged by the agent on the search reports will be verified in a fair and impartial manner.
In this view of the matter the present petitions are disposed of with a direction to the Investigating Agency to investigate the matter fairly and impartially including the taking of the specimen signatures of the petitioner for verification of the same on the allegedly forged signatures on search reports.
Since the petitioner has already been arrested in two FIRs wherein, the allegations are almost on the same lines and he is ready to cooperate with the Investigating Agency, it is directed that if the Investigating Agency finds any incriminating material against the petitioner and custodial interrogation is required in the matter then the Investigating Agency will give a notice of seven days under Section 41A Cr.P.C. prior to the arrest of the petitioner.
(VINIT KUMAR MATHUR),J 64-66 Shahenshah/Vivek-
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