Pratip Chadhuri vs State Of Rajasthan
2022 Latest Caselaw 1129 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Stay Petition No. 210/2022 IN 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. Advocate (through VC) assisted by Mr. Akhilesh Rajpurohit (through VC) Mr. Karan Batura (through VC) Mr. R.K. Gossain (through VC) Mr. Ashu Kansal (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

24/01/2022

The matter comes up for consideration of stay petition

preferred on behalf of the petitioner seeking staying of further

proceedings pending before the Chief Judicial Magistrate,

Jaisalmer (for short 'the trial court') in the Final Report

No.80/2016, arising out of FIR No.37/2015 of Police Station Sadar,

District Jaisalmer.

(2 of 3)

Vide impugned order, the trial court took cognizance against

the petitioner and other co-accused persons for the offences under

Sections 420, 409 read with Section 120-B IPC.

Learned counsel for the petitioner has argued that dispute

between the parties is purely of civil nature and taking into

consideration this fact, the Hon'ble Supreme Court has already

quashed the FIR No.605/2017 registered at Jaipur vide its order

dated 23.10.2017 passed in Civil Appeal No.16929/2017, arising

out of SLP(c) No.18195/2017. It is submitted that allegations

levelled in that FIR are identical to the allegations levelled in the

FIR No.37/2015 of Police Station Sadar, District Jaisalmer. It is

further submitted that once this Court is seized of the matter and

in similar petitions also, notices have already been issued to the

rival parties, it would be in the fitness of things that further

proceedings pending before the trial court may be stayed.

Learned counsel for the respondent No.2 has vehemently

opposed the prayer made on behalf of learned counsel for the

petitioner with regard to stay further proceedings pending before

the trial court. It is argued that the allegations levelled in the FIR

No.605/2017 registered at Jaipur, which has already been quashed

by the Hon'ble Supreme Court are entirely different from the

allegation levelled in the FIR No.37/2015 of Police Station Sadar,

District Jaisalmer. It is also submitted that the petitioner is having

a statutory remedy of filing criminal revision petition under

Section 397 and 401 Cr.P.C. before the District court, therefore, in

view of availability of the statutory remedy to the petitioner, this

Court should not interfere in the matter.

Learned counsel for the respondent No.2 has also submitted

that as a matter of fact, the petitioner had preferred a revision

(3 of 3)

petition before the District Judge, however, the same has been

withdrawn and taking into consideration the above fact also,

further proceedings pending before the trial court are not liable to

be stayed.

Heard learned counsel for the parties.

It is true that ordinarily when statutory remedy is available

to the parties, the High Court should refrain itself from interfering

in the order passed by the trial court, however, this itself will not

limit the inherent powers of the High Court under Section 482

Cr.P.C, I am of the opinion that points raised in the petition are

prima facie having force.

I am also of the opinion that when this Court is already

seized of the matter and two other petitions filed by other co-

accused persons are also pending before this Court, it would be

appropriate that the trial court should not be allowed to proceed

further in the matter.

Hence, further proceedings in connection with the Final

Report No.80/2016, arising out of FIR No.37/2015 of Police

Station Sadar, District Jaisalmer, pending before the trial court are

hereby stayed till final disposal of SB Criminal Misc. Petition

No.269/2022.

Stay petition is disposed of accordingly.

(VIJAY BISHNOI),J 150-Arun/-

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