HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 4785/2022
1. M.s. Viral Enterprises, Through Its Partner, Viral Prafull
Chandra Sanghavi And Praful Chandra Chatrabhuj
Sanghavi , R/o K Building, Office No. 104, Ist Floor, Office
No. 104, Ist Floor, Walchand Hirachand Marg, Ballard
Estate Mumbai 0400001.
2. Praful Chandra Chatrabhuj Sanghavi Son Of Chatarbhuj
Bhagwanji Sanghavi, R/o K Building, Office No. 104, Ist
Floor, Office No. 104, Ist Floor, Walchand Hirachand Marg,
Ballard Estate Mumbai 0400001.
3. Viral Prafull Chandra Sanghavi Son Of Shri Praful Chandra
Chatrabhuj Sanghavi, Partner Viral Enterprises, R/o K
Building, Office No. 104, Ist Floor, Office No. 104, Ist
Floor, Walchand Hirachand Marg, Ballard Estate Mumbai
0400001.
----Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. Varan Singh Gehlot Son Of Nawab Singh, R/o Flat No.
702, Europa-3, Kajariya Green, Bhiwari Bypass, Alwar.
----Respondents
For Petitioner(s) : Mr. Sanjay Yadav, Adv.
For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
27/06/2022
Petitioner No.3, one of the partners of petitioner No.1 M.S. Viral Enterprises had approached this Court for quashing the same FIR No.19/2022 registered with Police Station Chopanki, District Bhiwari (Alwar) for offences under Sections 420 and 406 of IPC. (Downloaded on 01/07/2022 at 09:01:30 PM)
(2 of 2) [CRLMP-4785/2022] A bench of this Court while disposing of S.B. Criminal Misc. Petition No.2482/2022 on 10.03.2022 (Annexure-2), noticed that the FIR was due to business transaction between the parties and it was not a fit case for quashing the FIR. Hence the petitioner was directed to file representation before the Superintendent of Police raising his grievance and the Superintendent of Police was asked to consider the representation according to law.
The Police was directed to give notice under Section 41 of Cr.P.C. before affecting arrest of the petitioner. With the same prayer of quashing the aforesaid FIR, the present petition has been filed.
In the light of earlier order of this Court, this petition stands disposed of with liberty to the petitioner to file representation before the Superintendent of Police who shall consider the same according to law, with further direction that the petitioner shall be given notice under Section 41 of Cr.P.C. before arrest consistent with the judgment in the case of Arnesh Kumar Vs. State of Bihar & Anr. (2014) 8 SCC 273.
.(BIRENDRA KUMAR),J Ashwani /-65 (Downloaded on 01/07/2022 at 09:01:30 PM) Powered by TCPDF (www.tcpdf.org)