Viral Prafull Chandra Sanghavi ... vs State Of Rajasthan
2022 Latest Caselaw 2202 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 2482/2022

Viral Prafull Chandra Sanghavi Son Of Shri Praful Chandra
Chatrabhuj Sanghavi, Partner Viral Enterprises, R/o K Building,
Office No. 104, Ist Floor, Walchand Hirachand Marg, Ballard
Estate Mumbai- 400001.
                                                                   ----Petitioner
                                   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. Mangal Singh Saini, PP

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order

10/03/2022

By way of filing the instant miscellaneous petition, challenge

has been made to the very lodging of the FIR No.19/2022

registered at Police Station Chopanki, District Police Bhiwadi,

District Alwar for offence under Sections 420 & 406 IPC.

Heard learned counsel for the petitioner and the learned

Public Prosecutor. Gone through the contents of the FIR and the

other material made available on record.

After going through the nature of allegations leveled in the

FIR and the nature of the offence, this Court does not deem it

appropriate to quash the FIR impugned and to hamper the course

of investigation. However, looking to the totality of facts and

circumstances of the case, the fact that the matter arose out a

business transaction and the fact that the offence is exclusively

triable by the Court of Magistrate or Section 41 of Cr.P.C. applies

and looking to the applicability of the judgment passed by Hon'ble

(2 of 2) [CRLMP-2482/2022]

the Supreme Court in case of Arnesh Kumar Vs. State of Bihar &

Anr. [(2014) 8 SCC 273], while exercising the extraordinary

powers available with this Court, I deem it appropriate to direct

the petitioner to submit a detailed representation to the concerned

Superintendent of Police averring therein all the grounds which

have been raised in this petition within a period of 20 days from

the date of receipt of this order.

In the event, the representation is submitted, the concerned

Superintendent of Police is directed to consider the

submissions/grounds raised in the representation, and instruct the

concerned Investigating Officer to conduct fair, impartial and

expeditious investigation in the matter.

The requisite endorsement shall be made in the case diary as

to the consideration of the representation.

It is made clear that until the submissions of the accused-

petitioner is not considered or the final result is not reached; the

accused-petitioner shall not be arrested. If still thereafter it is

decided that the arrest has become imperative; they would be

given 15 days notice prior to affect the arrest.

It is directed to the officers to strictly follow the provisions of

law and the judgment referred above, it should not be taken as a

formality.

In the event, the grievance of the petitioner persists, the

petitioner would be at liberty to approach this Court again.

Accordingly, the instant criminal misc. petition is disposed of.

The stay application also stands disposed of.

(NARENDRA SINGH DHADDHA),J

Jatin /64

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