Dr.Subhash Bhardwaj S/O Hari ... vs State Of Rajasthan
2022 Latest Caselaw 139 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 1750/2021

Dr. Subhash Bhardwaj S/o Hari Shankar and Ors.
                                                                        ----Petitioners
                                        Versus
State Of Rajasthan and Ors.
                                                                    ----Respondents

For Petitioner(s) : Mr. Deepak Khandelwal through VC For Respondent(s) : Mr. Deshraj Gosingha, PP Mr. Nitranjan Singh through VC

HON'BLE MR. JUSTICE FARJAND ALI

Order

06/01/2022

Mr. Nitranjan Singh, learned counsel has put in appearance

on behalf of the complainant-respondent No. 5. Thus, service is

complete.

Learned counsel for the petitioners submits that the

allegations leveled in the FIR are patently absurd and highly

improbable. The dispute in between the parties has been

essentially of civil nature but an attempt has been made to give it

a colour of criminal prosecution. Learned counsel submits that

there was transaction dispute between the parties regarding the

premises. When the ejectment proceedings under the Rent Control

Act was initiated and decreed in favour of the petitioner and

accordingly a warrant of vacating the premises was issued, the

complainant-respondent filed a civil suit on 17.02.2021, praying

therein to restrain the petitioners from not misusing the

document. He, thus, prays that the dispute in between the parties

is essentially of a civil nature and therefore, the continuance of

(2 of 2) [CRLMP-1750/2021]

the proceeding pursuant to the FIR impugned, would tantamount

to abuse of process of law.

Per contra, learned Public Prosecutor and learned counsel for

the complainant-respondent fervently urged that there are

allegations against the accused-petitioners regarding fabrication of

false document, the judgment and warrant of the Rent Tribunal

has been obtained on the strength of a false document, therefore,

the matter requires investigation.

Heard.

Gone through the content of the FIR impugned, the papers

regarding Rent Tribunal as well as the civil suit filed by the

complainant-respondent. After going through the entire material

available on record, this Court is of the firm view that the matter

requires serious consideration.

Learned Public Prosecutor is directed to call for the case

diary in the matter. He shall also instruct the concerned

Investigating Officer to complete the investigation till the next

date of hearing.

List the matter after four weeks.

In the meanwhile, the petitioners shall not be arrested.

(FARJAND ALI),J

SAHIL SONI /01

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