M.S. Viral Enterprises vs State Of Rajasthan
2022 Latest Caselaw 4234 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 4785/2022

1.     M.s. Viral Enterprises, Through Its Partner, Viral Prafull
       Chandra      Sanghavi       And       Praful      Chandra     Chatrabhuj
       Sanghavi , R/o K Building, Office No. 104, Ist Floor, Office
       No. 104, Ist Floor, Walchand Hirachand Marg, Ballard
       Estate Mumbai 0400001.
2.     Praful Chandra Chatrabhuj Sanghavi Son Of Chatarbhuj
       Bhagwanji Sanghavi, R/o K Building, Office No. 104, Ist
       Floor, Office No. 104, Ist Floor, Walchand Hirachand Marg,
       Ballard Estate Mumbai 0400001.
3.     Viral Prafull Chandra Sanghavi Son Of Shri Praful Chandra
       Chatrabhuj Sanghavi, Partner Viral Enterprises, R/o K
       Building, Office No. 104, Ist Floor, Office No. 104, Ist
       Floor, Walchand Hirachand Marg, Ballard Estate Mumbai
       0400001.
                                                                  ----Petitioners
                                   Versus
1.     State Of Rajasthan, Through P.p.
2.     Varan Singh Gehlot Son Of Nawab Singh, R/o Flat No.
       702, Europa-3, Kajariya Green, Bhiwari Bypass, Alwar.
                                                                ----Respondents

For Petitioner(s) : Mr. Sanjay Yadav, Adv.

For Respondent(s)        :     Mr. Imran Khan, PP



          HON'BLE MR. JUSTICE BIRENDRA KUMAR

                                    Order

27/06/2022

Petitioner No.3, one of the partners of petitioner No.1 M.S.

Viral Enterprises had approached this Court for quashing the same

FIR No.19/2022 registered with Police Station Chopanki, District

Bhiwari (Alwar) for offences under Sections 420 and 406 of IPC.

(2 of 2) [CRLMP-4785/2022]

A bench of this Court while disposing of S.B. Criminal Misc.

Petition No.2482/2022 on 10.03.2022 (Annexure-2), noticed that

the FIR was due to business transaction between the parties and it

was not a fit case for quashing the FIR. Hence the petitioner was

directed to file representation before the Superintendent of Police

raising his grievance and the Superintendent of Police was asked

to consider the representation according to law.

The Police was directed to give notice under Section 41 of

Cr.P.C. before affecting arrest of the petitioner. With the same

prayer of quashing the aforesaid FIR, the present petition has

been filed.

In the light of earlier order of this Court, this petition stands

disposed of with liberty to the petitioner to file representation

before the Superintendent of Police who shall consider the same

according to law, with further direction that the petitioner shall be

given notice under Section 41 of Cr.P.C. before arrest consistent

with the judgment in the case of Arnesh Kumar Vs. State of

Bihar & Anr. (2014) 8 SCC 273.

.(BIRENDRA KUMAR),J

Ashwani /-65

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