Manoj Kumar Patel vs State
2021 Latest Caselaw 12661 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 895/2020

1. Manoj Kumar Patel S/o Shri Ramdeen Ji, Aged About 31 Years, R/o Village Ravniyana, Tehsil Pipar City, District Jodhpur (Raj.).

2. Manoj Sharma S/o Sh. Munna Lal Sharma, Aged About 35 Years, R/o Talera, Digod, Kota Rural (Raj.).

----Petitioners Versus

1. State, Through PP

2. Nand Kishore Tak S/o Santosh Kumar Tak, R/o Gopiwala Bera, Pipar Ctiy, Jodhpur.

----Respondents

For Petitioner(s) : Mr. Firoz Khan For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

12/08/2021

The instant misc. petition under Section 482 Cr.P.C. has been

filed on behalf of the petitioners seeking quashing of FIR

No.56/2020 registered at Police Station Pipar City, District Jodhpur

for offences under Sections 406, 420, 467, 468, 471 & 120B IPC.

I have heard and considered the submissions advanced by

learned counsel representing the petitioners and learned Public

Prosecutor and have gone through the impugned FIR and the

factual report.

As per the factual report placed on record by learned Public

Prosecutor, as many as 27 charge-sheets have been filed against

the accused-petitioner Manoj Patel for identical offences. Not only

this, the petitioner Manoj Patel absconded after being released on

(2 of 2) [CRLMP-895/2020]

bail and thus, two more criminal cases for the offence under

Section 229-A IPC are registered against him at Police Station

Pipar City.

On going through the impugned FIR, it is apparent that there

is clear allegation that the petitioner Manoj Patel fraudulently

induced the complainant to invest money in a bogus

company/non-existent company and thereafter misappropriated

the amounts.

In this background, I am of the opinion that it is not a fit

case for quashing the impugned FIR by exercising inherent powers

of this Court under Section 482 Cr.P.C. Hence, the misc. petition

as well as the stay application are rejected as being devoid of

merit.

(SANDEEP MEHTA),J 10-Sudhir Asopa/-

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