S.S.B.C. Real Estate Pvt. Ltd vs State Of Rajasthan
2021 Latest Caselaw 6295 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous (Petition) No. 3435/2021

S.s.b.c. Real Estate Pvt. Ltd.
                                                                     ----Petitioner
                                    Versus
State Of Rajasthan
                                                                 ----Respondent

For Petitioner(s) : Mr. Vivek Raj Singh Bajwa with Mr. Amar Kumar & Mr. Manish Parmar For State : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

09/11/2021

1. It is contended by counsel for the petitioner that the dispute

is purely of civil nature. Initially complainant filed a complaint,

which was investigated by an Additional Commissioner, who came

to the conclusion that the dispute is of civil nature. It is also

contended that thereafter, complainant filed the present F.I.R.,

which is nothing but abuse of process of law. It is further

contended that the complainant booked flats and flats of

complainant have been retained by the petitioner but now

complainant is demanding money with interest instead of her flats.

2. Counsel for the petitioner has placed reliance on "A P

Mahesh Cooperative Urban Bank Shareholders Welfare

Association Vs. Ramesh Kumar Bung and Ors." in Special

Leave Petition(Criminal) No.3869/2021 decided by the Apex Court

on 20.07.2021.

3. The Apex Court in "A P Mahesh Cooperative Urban Bank

Shareholders Welfare Association vs. Ramesh Kumar Bung

(2 of 2) [CRLMP-3435/2021]

and Ors." (supra) has dealt with the process enunciated in the

case of "M/s Neeharika Infrastructure Pvt Ltd vs. State of

Maharashtra and Ors." and has come to the conclusion that in

exceptional cases with caution and circumscription, Courts can

pass orders in interest of Justice.

4. I have considered the contentions.

5. Admittedly, from bare perusal of the F.I.R., it is evident that

complainant is demanding money with interest, hence, this Court

deems it proper to restrain the Police from arresting the petitioner

till next date.

6. Issue notice to the complainant-respondent, returnable by

24.11.2021.

7. List this matter on 24.11.2021.

(PANKAJ BHANDARI),J

ARTI SHARMA /14

Powered by TCPDF (www.tcpdf.org)