Rahul Dave vs State
2022 Latest Caselaw 1013 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 4080/2020

1. Rahul Dave S/o Sh. Shiv Kumar Dave, Aged About 42 Years, R/o 975, Narsinghpura, Foyasagar Road, Ajmer, Rajasthan.

2. Pooja Dave W/o Sh. Rahul Dave, Aged About 40 Years, R/o 975, Narsinghpura, Foyasagar Road, Ajmer, Rajasthan.

3. Manoj Pant S/o Anand Vallabh Pant, Aged About 36 Years, R/o Prithviraj Marg, Near Kesharia Complex, Branch Manager, Rubi Credit Co-Operative Society, Ajmer, Rajasthan.

----Petitioners Versus

1. State, Through Pp

2. Vinod Kumar Lodha S/o Sh. Amar Singh Lodha, Aged About 50 Years, District Officer, Rubi Credit Co-Operative Society Limited, Ajmer Branch, Bhilwara.

----Respondents

For Petitioner(s) : Mr. VD Gour for Mr. OP Mehta (through VC) For Respondent(s) : Mr. Mukhtiyar Khan, PP For Complainant(s) : Ms. Shobha Prabhakar (through VC)

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

20/01/2022

This criminal misc. petition under Section 482 CrPC has been

filed by the petitioners for quashing of the FIR No.0316/2020 of

Police Station Kotwali Bhilwara, District Bhilwara.

Learned Public Prosecutor has submitted the factual report,

wherein it is mentioned that the police after thorough

investigation in the impugned FIR has already filed charge-sheet

(2 of 2) [CRLMP-4080/2020]

against the petitioner No.1 in the court concerned on 02.11.2021

after arresting him. So far as petitioner Nos.2 and 3 are

concerned, it is mentioned in the factual report that investigation

against them is still pending.

In such circumstances, when against one of the petitioners,

charge-sheet has already been filed and investigation with regard

to other petitioners is pending consideration, I am not inclined to

entertain this criminal misc. petition, which is dismissed as such.

However, the petitioners are free to raise their defence

before the trial court at the appropriate stage.

The factual report submitted by the learned Public Prosecutor

is taken on record.

(VIJAY BISHNOI),J 14-mohit/-

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