Rajasthan High Court - Jodhpur
Abdul Kamran vs State on 25 July, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 411/2019
1. Abdul Kamran S/o Shri Abdul Kabir, Aged About 39 Years,
By Caste Muslim, R/o Pawan Puri, Bikaner, District
Bikaner.
2. Rajesh Rohila S/o Suraj Bhan Rohila, Aged About 47
Years, By Caste Chiimpa, R/o Pawan Puri, Bikaner, District
Bikaner.
3. Vikram Singh Rathore S/o Hanuman Singh, Aged About
49 Years, By Caste Rajput, R/o In Front Of Karni Singh
Stadium, Bikaner, District Bikaner.
4. Akhilesh Kumar Tripathi S/o Late Shri Ram Kripal Tripathi,
Aged About 60 Years, By Caste Tripathi, R/o Sahara
Chambers Zone Office, Lal Kothi, Tonk Road, Jaipur,
District Jaipur.
5. Bhuvneshwar Prasad S/o Moolchand, Aged About 39
Years, By Caste Nayak, R/o Rampura Basti, Lalgarh,
Bikaner, District Bikaner
----Petitioners
Versus
1. State, Through Pp
2. Santosh Kanwar W/o Shri Karanjeet Singh, By Caste
Rajput, R/o Aaspalsar House, Near Piru Ji Chakki, Old
Ginani, Bikaner, District Bikaner.
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 285/2019
Satyanarayan Sharma S/o Sh. Laxmi Narayan, Aged About 49
Years, B/c Brahmin , R/o Opposite Shiv Mandir , Subhashpura ,
Tehsil And Distt. Bikaner
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Santosh Kanwar W/o Sh. Karanjeet Singh, B/c Rajput , R/
o Aaspalsar House , Near Piru Ji Ki Chakki , Old Ginani ,
Bikaner , Distt. Bikaner
----Respondents
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(2 of 3) [CRLMP-411/2019]
S.B. Criminal Misc(Pet.) No. 1121/2019
Satyanarayan Sharma S/o Shri Laxmi Narayan, Aged About 49
Years, By Caste Brahmin, R/o Opposite Shiv Mandir,
Subhashpura, Tehsil And District Bikaner.
----Petitioner
Versus
1. State, Through Pp
2. Santosh Kanwar W/o Shri Karanjeet Singh, By Caste
Rajput, R/o Aaspalsar House, Near Piru Ji Ki Chakki, Old
Ginani, Bikaner, District Bikaner.
----Respondents
For Petitioner(s) : Mr. Nishank Madhan.
For Respondent(s) : Mr. Gaurav Singh, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
25/07/2022
In S.B. Criminal Misc(Pet.) No. 411/2019:-
At the outset, learned Public Prosecutor submits that the
final report/ closure report has been filed in this case.
Learned counsel for the petitioners submits that this was the
second final report of same count.
In view of the above, the present petition is dismissed as
having become infructuous.
The factual report furnished by learned Public Prosecutor is
taken on record.
IN S.B. Criminal Misc(Pet.) No. 285/2019 & 1121/2019:-
Learned counsel for the petitioner submits that the petitioner
is merely a manager of the Sahara India Company and does not
have any direct control over the loss of amount alleged by the
complainant.
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(3 of 3) [CRLMP-411/2019]
Learned counsel for the petitioner moreover submits that
there was an arbitration clause in the agreement between the
complainant and company and thus, criminal proceedings would
not lie.
Learned counsel for the petitioner also submits that at best it
would fall under the category of breach of contract and thus,
criminal proceedings cannot be continued.
Learned counsel for the petitioner has relied upon the
judgments in the matter of Sanjay Varghese & Ors. Vs. State
of Rajasthan & Ors. (S.B. Criminal Misc. Petition No.98/2013
decided on 13.12.2018) and in Vijay Kumar Ghai & Ors. Vs.
the State of West Bengal & Ors. reported in 2022 LiveLaw
(SC) 305 (criminal appeal No.463/2022 decided on 22.03.2022).
This Court after hearing counsel for the parties and perusing
the record of the case finds that prima facie investigation points
out that the offence is made out and the charge-sheet has been
proposed.
This Court does not intends to interfere in the petition filed
under Section 482 Cr.P.C at this stage, and thus, the present misc.
petition is disposed of with liberty to the petitioner to take up all
his issues before the learned trial court, at appropriate stage.
(DR.PUSHPENDRA SINGH BHATI), J.
130-132-/Jitender/Nirmala
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