Narayan Kumar Dadhich vs State Of Rajasthan
2022 Latest Caselaw 2038 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 237/2022

Narayan Kumar Dadhich S/o Late Shri Umashankar, Aged About 60 Years, R/o Shiv Nagar Colony, Merta City, District Nagaur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Shri Nandan S/o Shri Giriraj Prasad Agarwal, R/o Civil Lines, Merta City, District Nagaur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Abhishek Sharma (through VC) For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

05/02/2022

This criminal misc. petition under Section 482 Cr.P.C. has

been preferred on behalf of the petitioner with a prayer for

quashing the FIR No.09/2022 of Police Station Merta City, District

Nagaur.

Learned counsel for the petitioner has submitted that

petitioner is an agent of Adarsh Credit Co-Operative Society Ltd.

(for short 'the Society') and allegation against him is to the effect

that he instigated the complainant to invest money in the said

Society. Learned counsel for the petitioner while inviting my

attention towards letter dated 20.06.2021 (Annexure-1)

issued by the Director General of Police, Rajasthan, Jaipur,

whereby, all the Superintendents of Police, Rajasthan have

been directed that the agent/advisor should not be harrassed

(2 of 3) [CRLMP-237/2022]

until and unless evidence of this effect is collected that the

agent/advisor had lured or instigated a person to invest in the

Societies. Learned counsel for the petitioner has submitted

that despite clear directions of the Director General of Poilce,

the Police Station Merta City, District Nagaur has registered

FIR against the petitioner along with some unknown persons.

It is, thus, submitted that the impugned FIR may kindly be

quashed.

Learned Public Prosecutor has oppsoed this criminal

Misc. Petition.

It is noticed that the complainant has filed the complaint

in the court of Additional Chief Judicial Magistrate, Merta and

the said court has sent the complaint to the police under

Section 156(3) Cr.P.C. and on the basis that, the impugned

FIR has been lodged.

I am of the opinon that when the complaint has been

sent to the concerned Police Station by the concerned

Magistrate, the police is bound to register the FIR if

allegations levelled in the complaint disclose commission of

cognizable offence. Hence, I am of the view that there is no

illegality in registeration of the impugned FIR, however, so far

as role of the petitioner is concerned, it is expected that the

Investigating Officer shall investigate into the allegations

levelled in the impugned FIR in accordance with the directions

issued by the Director General of Police vide its letter dated

20.06.2019 sent to all the Superintendents of Police,

Rajasthan.

With the above observations, this criminal misc. petition

is dismissed.

                                                                          (3 of 3)                 [CRLMP-237/2022]



                                         However,   the    petitioner          is    expected     to   join   the

investigation and clarifies about his role in the matter.

(VIJAY BISHNOI),J 3-Arun/-

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