Vasistha C. Patel vs State Of Rajasthan
2022 Latest Caselaw 13398 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 7558/2022

1. Vasistha C. Patel S/o Shri Chandulal Patel, Aged About 49 Years, R/o 27, Shaswat Bungalows, S.g. Highway, Ahmedabad, Gujarat.

2. Shashin V. Patel S/o Vishnu Bhai Patel, Aged About 41 Years, R/o 11, Hindu Colony, Opposite Sardar Patel Stadium, Navrangpura, Ahmedabad.

3. Nitin R. Patel S/o Shri Ramesh Chandra Patel, Aged About 54 Years, R/o 72, Sanskar Bharti Cooperative Housing Society Ltd, Navrangpura, Ahmedabad.

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Bhawra Ram Jakhar S/o Unknown, R/o Plot No. 5, Vaibhav Enclave, Pal Road, Jodhpur.

----Respondents

For Petitioner(s) : Mr. Muktesh Maheshwari For Respondent(s) : Mr. S.S. Rajpurohit, PP Mr. Naman Mohnot

HON'BLE MR. JUSTICE FARJAND ALI

Order

15/11/2022

Learned counsel for the petitioners submits that there is a

transactional dispute between the parties and FIR has been lodged

with an ulterior object to harass him, in fact it was a contractual

obligation, no offence as alleged is made out. He placed reliance

on the judgment passed in the case of Md. Ibrahim & Ors. Vs.

State of Bihar & Ors. reported in (2009) 8 SCC 751.

Issue notice.

(2 of 2) [CRLMP-7558/2022]

Learned Public Prosecutor accepts notice on behalf of the

State. Shri Naman Mohnot appearing for the complainant-

respondent No.2. Hence, notice notice need not be issued as

service is complete.

List the matter on 16.12.2022.

Meanwhile and till next date of hearing, the petitioners shall

not be arrested in connection with FIR No. 0305/2022 registered

at Police Station Chopasni Housing Board, District Jodhpur.

(FARJAND ALI),J 85-amit/-

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