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Harsh Garg vs State Of Rajasthan
2023 Latest Caselaw 384 Raj

Citation : 2023 Latest Caselaw 384 Raj
Judgement Date : 10 January, 2023

Rajasthan High Court - Jodhpur
Harsh Garg vs State Of Rajasthan on 10 January, 2023
Bench: Pushpendra Singh Bhati

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5293/2022

1. Sheetal Mittal S/o Anil Kumar Mittal, Aged About 42 Years, H.no. 77-C/10-A, Mukesh Nagar, Jai Gopal Gupta Gali, Circular Road, Sahadar So, East Delhi.

2. Prashant Garg S/o Pawan Garg, Aged About 25 Years, H.no. 422, Jyoti Milk Marg, Near Bada Ramleela Ground, Jwala Nagar Shadara, East Delhi.

3. Padam Kumar S/o Sh. Jyoti Prakash, Aged About 52 Years, H.no. 422, Jyoti Milk Marg, Near Bada Ramleela Ground, Jwala Nagar Shadara, East Delhi.

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Kamlesh Gokhru S/o Kishan Lal Gokhru, Prop. Sanyam Tax Fab, First Floor, F-72, Riico Area, P.s. Pratapnagar, Dist. Bhilwara.

----Respondents Connected With S.B. Criminal Misc(Pet.) No. 5292/2022

1. Sheetal Mittal S/o Anil Kumar Mittal, Aged About 42 Years, H.no. 77-C/10-A, Mukesh Nagar, Jai Gopal Gupta Gali, Circular Road, Sahadar So, East Delhi.

2. Prashant Garg S/o Pawan Garg, Aged About 25 Years, H.no. 422, Jyoti Milk Marg, Near Bada Ramleela Ground, Jwala Nagar Shadara, East Delhi.

3. Padam Kumar S/o Sh. Jyoti Prakash, Aged About 52 Years, H.no. 422, Jyoti Milk Marg, Near Bada Ramleela Ground, Jwala Nagar Shadara, East Delhi.

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Naresh Godha S/o Gyan Mal Godha, Authorized Persons Wellfab Silk Mills, Shop No. 24, Ground Floor, Jaithaliya Btm Market, Bhilwara.

----Respondents S.B. Criminal Misc(Pet.) No. 5295/2022

(2 of 14) [CRLMP-5293/2022]

1. Sheetal Mittal S/o Anil Kumar Mittal, Aged About 42 Years, R/o House No. 77-C/10-A, Mukesh Nagar, Jai Gopal Gutpa Gali, Circular Road, Sahadar So, East Delhi.

2. Prashant Garg S/o Pawan Garg, Aged About 25 Years, R/o House No. 422, Jyoti Milk Marg, Near Bada Ramleela Ground, Jwala Nagar Shadara, East Delhi.

3. Padam Kumar S/o Shri Jyoti Prakash, Aged About 52 Years, R/o House No. 422, Jyoti Milk Marg, Near Bada Ramleela Ground, Jwala Nagar Shadara, East Delhi.

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Sushil Sharma S/o Radheshyam Sharma, Proprietor Radhakrishan Traders, 88, Near Church, Azaad Nagar, Bhilwara.

----Respondents S.B. Criminal Misc(Pet.) No. 5297/2022

1. Sheetal Mittal S/o Anil Kumar Mittal, Aged About 42 Years, R/o House No. 77-C/10-A, Mukesh Nagar, Jai Gopal Gupta Gali, Circular Road, Sahadar So, East Delhi.

2. Prashant Garg S/o Pawan Garg, Aged About 25 Years, R/o House No. 422, Jyoti Milk Marg, Near Bada Ramleela Ground, Jwala Nagar Shadara, East Delhi.

3. Padam Kumar S/o Shri Jyoti Prakash, Aged About 52 Years, R/o House No. 422, Jyoti Milk Marg, Near Bada Ramleela Ground, Jwala Nagar Shadara, East Delhi.

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Sandeep Kothari S/o Shri Chandra Singh Kothari, Director, Shri Bharka India Limited, Spl-3, Riico Industrial Area, Bhilwara.

----Respondents S.B. Criminal Misc(Pet.) No. 5303/2022

1. Sheetal Mittal S/o Anil Kumar Mittal, Aged About 42 Years, H.no. 77-C/10-A, Mukesh Nagar, Jai Gopal Gupta Gali, Circular Road, Sahadar So, East Delhi.

2. Prashant Garg S/o Pawan Garg, Aged About 25 Years,

(3 of 14) [CRLMP-5293/2022]

H.no. 422, Jyoti Milk Marg, Near Bada Ramleela Ground, Jwala Nagar Shadara, East Delhi.

3. Padam Kumar S/o Sh. Jyoti Prakash, Aged About 52 Years, H.no. 422, Jyoti Milk Marg, Near Bada Ramleela Ground, Jwala Nagar Shadara, East Delhi.

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Suresh Somani S/o Pushpraj Somani, Director, Jai Udit Suiting Pvt. Ltd. And Authorized Person Geeta Textile Mills, Textile Market, P.s. Pratapnagar, Dist. Bhilwara.

----Respondents S.B. Criminal Misc(Pet.) No. 5305/2022

1. Sheetal Mittal S/o Anil Kumar Mittal, Aged About 42 Years, R/o House No. 77-C/10-A, Mukesh Nagar, Jai Gopal Gupta Gali, Circular Road, Sahadar So, East Delhi.

2. Prashant Garg S/o Pawan Garg, Aged About 25 Years, R/o House No. 422, Jyoti Milk Marg, Near Bada Ramleela Ground, Jwala Nagar Shadara, East Delhi.

3. Padam Kumar S/o Shri Jyoti Prakash, Aged About 52 Years, R/o House No. 422, Jyoti Milk Marg, Near Bada Ramleela Ground, Jwala Nagar Shadara, East Delhi.

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Purshottam Mundra S/o Ram Rakh Mundra, Proprietor Of Jeevan Jyoti Textile, G-7, Goku Textile Tower, Pur Road, Police Station Pratapnagar, District Bhilwara.

----Respondents S.B. Criminal Misc(Pet.) No. 5306/2022

1. Sheetal Mittal S/o Anil Kumar Mittal, Aged About 42 Years, R/o House No. 77-C/10-A, Mukesh Nagar, Jai Gopal Gupta Gali, Circular Road, Sahadar So, East Delhi.

2. Prashant Garg S/o Pawan Garg, Aged About 25 Years, R/o House No. 422, Jyoti Milk Marg, Near Bada Ramleela Ground, Jwala Nagar Shadara, East Delhi.

3. Padam Kumar S/o Shri Jyoti Prakash, Aged About 52 Years, R/o House No. 422, Jyoti Milk Marg, Near Bada

(4 of 14) [CRLMP-5293/2022]

Ramleela Ground, Jwala Nagar Shadara, East Delhi.

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Sanjay Kumar Jain S/o Rajendra Kumar Jain, Authorized Person Ms Hr Fabrics, 21 Abhishek Market, Gandhinagar, Pur Road, Bhilwara.

----Respondents S.B. Criminal Misc(Pet.) No. 5307/2022

1. Sheetal Mittal S/o Anil Kumar Mittal, Aged About 42 Years, H.no. 77-C/10-A, Mukesh Nagar, Jai Gopal Gupta Gali, Circular Road, Sahadar So, East Delhi.

2. Prashant Garg S/o Pawan Garg, Aged About 25 Years, H.no. 422, Jyoti Milk Marg, Near Bada Ramleela Ground, Jwala Nagar Shadara, East Delhi.

3. Padam Kumar S/o Sh. Jyoti Prakash, Aged About 52 Years, H.no. 422, Jyoti Milk Marg, Near Bada Ramleela Ground, Jwala Nagar Shadara, East Delhi.

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Madhu Laddha D/o Not Known, Prop. Mahesh Textile , Spl-1, Industrial State, Pur Road, Bhilwara.

----Respondents S.B. Criminal Misc(Pet.) No. 5396/2022

1. Sheetal Mittal S/o Anil Kumar Mittal, Aged About 42 Years, R/o House No. 77-C/10-A Mukesh Nagar Jai Gopal Gupta Gali Chircular Road Sahadar So East Delhi

2. Prashant Garg S/o Pawan Garg, Aged About 25 Years, R/o House No. 422 Jyoti Milk Marg Near Bada Ramleela Ground Jwala Nagar Shadara East Delhi

3. Padam Kumar S/o Shri Jyoti Prakash, Aged About 52 Years, R/o House No. 422 Jyoti Milk Marg Near Bada Ramleela Ground Jwala Nagar Shadara East Delhi

----Petitioners Versus

1. State Of Rajasthan, Through The Pp

(5 of 14) [CRLMP-5293/2022]

2. Veeraj Kumar Jain S/o Nitin Kumar Jain, Proprietor Ekosta Fabric 131/132 First Floor Anand Cloth Market Pur Road Ps Pratapnagar Dist. Bhilwara

----Respondents S.B. Criminal Misc(Pet.) No. 5398/2022

1. Sheetal Mittal S/o Anil Kumar Mittal, Aged About 42 Years, R/o House No. 77-C/10-A Mukesh Nagar Jai Gopal Gupta Gali Chircular Road Sahadar So East Delhi

2. Prashant Garg S/o Pawan Garg, Aged About 25 Years, R/o House No. 422 Jyoti Milk Marg Near Bada Ramleela Ground Jwala Nagar Shadara East Delhi

3. Padam Kumar S/o Shri Jyoti Prakash, Aged About 52 Years, R/o House No. 422 Jyoti Milk Marg Near Bada Ramleela Ground Jwala Nagar Shadara East Delhi

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Mahendra Teli S/o Banshi Lal Teli, Proprietor Asha Associates 106 Gokul Textile Tower Bhilwara

----Respondents S.B. Criminal Misc(Pet.) No. 7085/2022 Harsh Garg S/o Sh. Sewa Ram Garg, Aged About 33 Years, 33, New Hardev Sahay, Ghaziabad (Uttar Pradesh).

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Kamlesh Gokhru S/o Sh. Kishan Lal Gokhru, Prop.

Sanyam Tax Fab, First Floor, F-72, Riico Area, P.s. Pratap Nagar, Dist. Bhilwara.

----Respondents S.B. Criminal Misc(Pet.) No. 7087/2022 Harsh Garg S/o Sh. Sewa Ram Garg, Aged About 33 Years, 33, New Hardev Sahay, Ghaziabad (Uttar Pradesh).

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Mahendra Teli S/o Sh. Banshi Lal Teli, Prop. Of Asha

(6 of 14) [CRLMP-5293/2022]

Associates, 106, Gokul Textile Tower, Bhilwara.

----Respondents S.B. Criminal Misc(Pet.) No. 7089/2022 Harsh Garg S/o Sh. Sewa Ram Garg, Aged About 33 Years, 33, New Hardev Sahay, Ghaziabad (Uttar Pradesh).

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Purshottam Mundra S/o Sh. Ram Rakh Mundra, Prop. Of Jeevan Jyoti Textile, G-7, Goku Textile Tower, Pur Road, P.s. Pratapnagar, Bhilwara.

----Respondents S.B. Criminal Misc(Pet.) No. 7091/2022 Harsh Garg S/o Sh. Sewa Ram Garg, Aged About 33 Years, 33, New Hardev Sahay, Ghaziabad (Uttar Pradesh).

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Madhu Laddha, Prop. Of Mahesh Textile, Spi. 1 Industrial State, Pur Road, Bhilwara.

----Respondents S.B. Criminal Misc(Pet.) No. 7144/2022 Sarvesh Kumar S/o Sh. Bankey Lal, Aged About 42 Years, R/o E- 402, Pusta 5, Sonia Vihar, Delhi.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Sanjay Kuamr Jain S/o Rajinder Kumar Jain, R/o 301-

302, Navkar Green, Parsavnath Society, Gate No. 1, Pratap Nagar (Bhilwara), Bhilwara, Rajasthan.

----Respondents S.B. Criminal Misc(Pet.) No. 7194/2022 Sarvesh Kumar S/o Sh. Bankey Lal, Aged About 42 Years, R/o E- 402, Pusta 5, Sonia Vihar, Delhi.

                                                                  ----Petitioner
                                  Versus



                                       (7 of 14)                  [CRLMP-5293/2022]


1. State Of Rajasthan, Through Pp

2. Viraj Kumar Jain S/o Nitin Kumar Jain, R/o 807, Amlatas Kachipuram, Pratap Nagar, (Bhilwada), Bhilwada, Rajasthan.

----Respondents S.B. Criminal Misc(Pet.) No. 7204/2022 Sarvesh Kumar S/o Sh. Bankey Lal, Aged About 42 Years, R/o E- 402, Pusta 5, Sonia Vihar, Delhi.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Kamlesh Gokharu S/o Kishan Lal Gokharu, R/o K-6-Bapu Nagar Purana, Pratap Nagar, (Bhilwada), Bhilwada, Rajasthan.

----Respondents S.B. Criminal Misc(Pet.) No. 7207/2022 Sarveh Kumar S/o Sh. Bankey Lal, Aged About 42 Years, R/o E- 402 Pusta 5 Sonia Vihar Delhi

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Purushottam Mundada S/o Ramrakh Mundada, R/o Taxtiles Tower Pur Road Pratap Nagar (Bhilwara) Bhilwada Raj.

----Respondents S.B. Criminal Misc(Pet.) No. 7208/2022 Sarvesh Kumar S/o Sh. Bankey Lal, Aged About 42 Years, R/o E- 402 Pusta 5 Sonia Vihar Delhi

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Sandeep Kothari S/o Chandra Singh Kothari, R/o 59 Kashipuri Kotwali (Bhilwada) Bhilwada Raj.

----Respondents S.B. Criminal Misc(Pet.) No. 7209/2022 Sarvesh Kumar S/o Sh. Bankey Lal, Aged About 42 Years, R/o E-

402 Pusta 5 Sonia Vihar Delhi


                                      (8 of 14)                  [CRLMP-5293/2022]


                                                                  ----Petitioner
                                  Versus

1. State Of Rajasthan, Through Pp

2. Mahendra Teli S/o Banshi Lal Teli, R/o 106 Gokul Tower Pratap Nagar (Bhilwada) Bhilwada Raj.

----Respondents S.B. Criminal Misc(Pet.) No. 7210/2022 Sarvesh Kumar S/o Sh. Bankey Lal, Aged About 42 Years, R/o E- 402, Pusta 5, Sonia, Vihar, Delhi.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Suresh Somani S/o Pushpraj Somani, R/o Mahila Asharm Road, Kotwali, (Bhilwada), Bhilwada, Rajasthan.

----Respondents S.B. Criminal Misc(Pet.) No. 7211/2022 Sarvesh Kumar S/o Sh. Bankey Lal, Aged About 42 Years, R/o E- 402, Pusta 5, Sonia, Vihar, Delhi.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Sushil Sharma S/o Radhey Shayam Sharma, R/o 88 Azad Nagar, Pratap Nagar, (Bhilwada), Bhilwada, Rajasthan.

----Respondents S.B. Criminal Misc(Pet.) No. 7212/2022 Sarvesh Kumar S/o Sh. Bankey Lal, Aged About 42 Years, R/o E- 402, Pusta 5, Sonia, Vihar, Delhi.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Naresh Godha, R/o 3-A-S 3 Rc Vyas Colony Subhash Nagar (Bhilwada) Bhilwada Raj.

----Respondents S.B. Criminal Misc(Pet.) No. 7214/2022 Sarvesh Kumar S/o Sh. Bankey Lal, Aged About 42 Years, R/o E- 402, Pusta 5, Sonia, Vihar, Delhi.

                                     (9 of 14)                  [CRLMP-5293/2022]


                                                                 ----Petitioner
                                 Versus

1. State Of Rajasthan, Through Pp

2. Madhu Ladha, R/o Proprietor Spl-1 Industrial State Pur Road Pratap Nagar (Bhilwada) Bhilwara Raj.

----Respondents S.B. Criminal Misc(Pet.) No. 7242/2022 Harsh Garg S/o Shri Sewa Ram Garg, Aged About 33 Years, R/o 33 New Hardev Sahay Ghaziabad U.p.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Veeraj Kumar Jain S/o Shri Nitin Kumar Jain, Prop. Ekosta Fabric 131/132 First Floor Anand Cloth Market Pur Road Ps Pratap Nagar Dist. Bhilwara

----Respondents S.B. Criminal Misc(Pet.) No. 7243/2022 Harsh Garg S/o Shri Sewa Ram Garg, Aged About 33 Years, R/o 33 New Hardev Sahay Ghaziabad U.p.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Naresh Godha S/o Shri Gyan Mal Godha, Authorized Prson Welfab Silk Mills Shop No. 24 Ground Floor Jaithaliya Btm Market Bhilwara

----Respondents S.B. Criminal Misc(Pet.) No. 7244/2022 Harsh Garg S/o Shri Sewa Ram Garg, Aged About 33 Years, R/o 33 New Hardev Sahay Ghaziabad U.p.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Suresh Somani S/o Sh. Pushpraj Somani, Director Jai Udit Suiting Pvt. Ltd., And Authorised Person Geeta Textile Mills, Textile Market, P.s. Pratapnagar, Dist. Bhilwara.

                                                              ----Respondents



                                     (10 of 14)                 [CRLMP-5293/2022]


S.B. Criminal Misc(Pet.) No. 7245/2022 Harsh Garg S/o Shri Sewa Ram Garg, Aged About 33 Years, R/o 33 New Hardev Sahay Ghaziabad U.p.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Sandeep Kothari S/o Shri Chandra Singh Kothari, Director Shri Bharka India Ltd. Spi-3 Riico Industrial Area Bhilwara

----Respondents S.B. Criminal Misc(Pet.) No. 7246/2022 Harsh Garg S/o Shri Sewa Ram Garg, Aged About 33 Years, R/o 33 New Hardev Sahay Ghaziabad U.p.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Sushil Sharma S/o Sh. Radheshyam Sharma, Proprietor Of Radhakrishan Traders, 88, Near Church, Azad Nagar, Bhilwara.

----Respondents S.B. Criminal Misc(Pet.) No. 7247/2022 Harsh Garg S/o Shri Sewa Ram Garg, Aged About 33 Years, R/o 33 New Hardev Sahay Ghaziabad U.p.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Sanjay Kumar Jain S/o Shri Rajendra Kumar Jain, Authorized Person M/s H.r. Fabrics 21 Abhishek Market Gandhinagar Pur Road Bhilwara

----Respondents S.B. Criminal Misc(Pet.) No. 8310/2022 Harsh Garg S/o Shri Sewa Garg, Aged About 33 Years, R/o 33, New Hardev Sahay, Ghaziabad (Uttar Pradesh)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Radha Kishan Gurjar, Presently Working As A Asi, Police

(11 of 14) [CRLMP-5293/2022]

Station Pratap Nagar, Bhilwara (Raj.) Permanent R/o Ummedpura, Banera (Bhilwara)

----Respondents

For Petitioner(s) : Mr. Bhavit Sharma Mr. Ramesh Purohit For Respondent(s) : Mr. S.K. Bhati, PP Mr. Vineet Jain, Sr. Adv. assisted by Mr. Pravin Vyas Mr. Rakesh Arora.

Mr. Rajendra Kumar Godara, C.I., SHO, P.S. Pratapnagar, Bhilwara.

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Judgment

Reserved on 09/01/2023 Pronounced on 10/01/2023

1. The present bunch of petitions has been preferred seeking

quashing of FIRs and the proceedings emanating therefrom. The

impugned FIRs pertain to the offences under Sections 224, 406,

420, & 120-B IPC.

2. Mr. Bhavit Sharma, learned counsel appearing for the

petitioners-Sheetal Mittal, Padam Kumar and Prashant Garg,

submitted that the said persons are engaged in trade and business

at Delhi. And received certain goods from the other accused

persons, namely, Harsh Garg and Sarvesh. It was also contended

that the said three persons did not have any direct involvement in

the alleged crime in question. It was further contended that the

said three persons are the final consumers in the chain of

transaction and have been falsely implicated in this case.

2.1 In support of his submissions, learned counsel placed

reliance on the judgment rendered by the Hon'ble Supreme Court

(12 of 14) [CRLMP-5293/2022]

in the case of M/s. Indian Oil Corporation Vs. M/s. NEPC

India Ltd. & Ors., AIR 2006 SC 2780.

3. Mr. Ramesh Purohit, learned counsel appearing for the

petitioners-Harsh and Sarvesh, submitted that a perusal of the

impugned FIRs would reveal that the alleged crime in question

was committed through certain agents, and that, the issue in

question of purely of civil nature, to which criminality is sought to

be attributed. It was further submitted that the petitioners have

made certain payments to the respondent-complainant(s), and

that, therefore, it is a case of alleged non-payment of dues, and

not that of cheating, and like offences.

4. On the other hand, Mr. Vineet Jain, learned Senior Counsel

assisted by Mr. Pravin Vyas, appearing for the respondent-

complainant(s) and; Mr. S.K. Bhati, learned Public Prosecutor

alongwith the concerned investigating officer, opposed the

aforesaid submissions made on behalf of the petitioners, and

submitted that upon investigation, the documents submitted on

behalf of the petitioners reveal that the G.S.T. number mentioned

on the concerned invoice was not correct.

4.1 Learned Senior Counsel also submitted that the accused-

petitioners were in fact operating in the nature of a criminal cartel,

and that, such offences were also committed in other States

across the country.

4.2 The investigating officer present in person made a

categorical statement that originally, during the initial phase of the

investigation, the accused-petitioners remained absconding, and

that, the accused-petitioners Sheetal Mittal and Padam Kumar

(13 of 14) [CRLMP-5293/2022]

blatantly denied their involvement, and pleaded ignorance in

connection with the alleged crime in question. However, upon

further investigation, they submitted documents stating that they

made certain purchases through the other accused-petitioner

Harsh and Sarvesh and submitted certain documents in pursuance

of the same; but on due verification, the said documents were

found to be fabricated, as the G.S.T. number, name of the Firm

and other details were found to be non-existent. To substantiate

such submissions, the investigating officer also placed before this

Court the concerned case diaries.

5. In his rejoinder arguments, Mr. Bhavit Sharma, learned

counsel, submitted that an unfortunate situation has arisen in this

case, as accused-Prashant was implicated with the sole intention

to apprehend his father, while alleging his being an absconder and

accused in the alleged crime in question. And that, accused-

Prashant was in fact conducts a dry fruits business completely

separate from the business activities of his father.

6. Heard learned counsel for the parties as well as perused the

record of the case, alongwith the case diaries produced before this

Court and the judgment cited at the Bar.

7. This Court observes that the parameters for quashment of

the FIR have been succinctly laid down by the Hon'ble Apex Court

in the case of State of Haryana & Ors. Vs. Ch. Bhajan Lal &

Ors., 1992 SCC Supp (1) 335.

8. On a consideration of the factual backdrop of the case at

hand, this Court does not find it to be falling within the

parameters for quashment of the FIR, as laid down in the

(14 of 14) [CRLMP-5293/2022]

precedent law of State of Haryana & Ors. Vs. Ch. Bhajan Lal &

Ors. (supra).

9. Furthermore, looking into the contentions raised on behalf of

the respondents and a perusal of the record, this Court finds that

the controversy involved herein requires due trial by the

competent court.

10. This Court also finds that the judgment cited on behalf of the

petitioners does not render any assistance to their case.

11. In view of the above, this Court finds that the present

petitions do not merit invocation of the inherent powers of this

Court under Section 482 Cr.P.C.

12. Consequently, the present petitions are dismissed. All

pending applications stand disposed of.

(DR.PUSHPENDRA SINGH BHATI), J. SKant/-

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