Rajasthan High Court - Jodhpur
Pratip Chadhuri vs State Of Rajasthan on 20 January, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 269/2022
Pratip Chadhuri S/o Shri Pramada Nath Chaudhuri, Aged About
67 Years, R/o H.no. 1591 A, Block - H, Cr Park, New Delhi -
110019
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Harendar Singh S/o Dilip Singh, R/o C 22 Vaishali Marg,
Vaishali Nagar, Jaipur.
----Respondents
For Petitioner : Mr. P. Chidambaram, Sr. Adovcate
(through VC) assisted by
Mr. Karan Batura (through VC)
Mr. R.K. Gossain (through VC)
Mr. Ashu Kansal (through VC)
Mr. Akhilesh Rajpurohit (through VC)
For Respondent No.1 : Mr. Mahipal Bishnoi, PP
For Respondent No.2 : Mr. Saransh Saini (through VC)
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
20/01/2022
This criminal misc. petition under Section 482 Cr.P.C. has
been preferred on behalf of the petitioner with a prayer for
quashing the order dated 12.02.2020 issued by the learned
Chief Judicial Magistrate, Jaisalmer (hereinafter to be referred
as 'the trial court') in complaint case/protest petition
No.80/2016, whereby cognizance has been taken against the
petitioner along with other co-accused persons for the
offences punishable under Sections 420, 409 and 120-B IPC.
The petitioner has also challenged the orders dated
(2 of 3) [CRLMP-269/2022]
30.03.2021 and 01.10.2021, whereby the trial court has
issued non-bailable arrest warrant against the petitioner.
Learned counsel for the petitioner has submitted that
vide order dated 12.02.2020, the trial court took cognizance
against as many as eight persons, out of which, two persons
namely Alok Dhir and Sasi Madathil have preferred SB
Criminal Misc. Petition No.6068/2021 and third Vijay Kishore
has preferred SB Criminal Misc. Petition No.6290/2021 before
this Court and a Co-ordinate Bench of this Court while issuing
notices to the respondents in the above referred criminal
misc. petitions, vide orders dated 09.11.2021 and
20.11.2021, has stayed the effect and operation of the orders
dated 12.02.2020, 30.03.2021 and 01.10.2021 passed by the
trial court to the extent of summoning the petitioners of
those petitions through warrant of arrest.
Learned counsel for the petitioner has submitted that
once in the identical matters, this Court has already granted
indulgence, this petition deserves to be heard along with
those criminal misc. petitions.
Learned Public Prosecutor Mr. Mahipal Bishnoi is
appearing for the respondent-State and Mr. Saransh Saini is
appearing for the respondent No.2, however, they are not in a
position to dispute the fact that this Court has already
granted indulgence while issuing notices to the respondents
and granting interim relief in identical matters.
(3 of 3) [CRLMP-269/2022]
In view of the above, issue notice.
Learned Public Prosecutor accepts notice on behalf of the
respondent-State and learned counsel Mr. Saransh Saini
accepts notice on behalf of the respondent No.2.
At this stage, learned counsel for the petitioner has
submitted that pursuant to the arrest warrant issued by the
trial court, the petitioner has been arrested and produced
before the trial court, from-where, he has already been
enlarged on bail and the trial court has fixed next date in the
matter as 25.02.2022.
Learned counsel for the petitioner, thus, prayed that
since this Court is ceased of the matters, further proceedings
before the trial court may be stayed.
Mr. Saransh Saini, learned counsel appearing for the
respondent No.2 has opposed the prayer made by learned
counsel for the petitioner for staying the proceeding before
the trial court. It is submitted that still he is not in receipt of
copy of the criminal misc. petition and he wants to make
submissions on the stay petition, therefore, some time may
be granted.
At the request of Mr. Saransh Saini, learned counsel
appearing for the respondent No.2, list this matter on
24.1.2022 at 2:00 PM for hearing on stay petition.
(VIJAY BISHNOI),J
59-Arun/-
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