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Gangeshwar Lal Shrivastava vs State Of Rajasthan
2026 Latest Caselaw 24 Raj

Citation : 2026 Latest Caselaw 24 Raj
Judgement Date : 5 January, 2026

[Cites 10, Cited by 0]

Rajasthan High Court - Jodhpur

Gangeshwar Lal Shrivastava vs State Of Rajasthan on 5 January, 2026

Author: Sameer Jain
Bench: Sameer Jain
[2025:RJ-JD:55250]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Misc(Pet.) No. 10419/2025

1.       Gangeshwar Lal Shrivastava S/o Late Sh. Avadhesh
         Shrivastava, Aged About 50 Years, Office At New Link
         Road, Andheri West, Mumbai, Railway, Maharashtra. India
2.       Ashok Dubey S/o Shri Ramapati Dubey, Aged About 51
         Years, Office At New Link Road, Andheri West, Mumbai,
         Railway, Maharashtra. India
                                                                      ----Petitioners
                                       Versus
1.       State Of Rajasthan, Through Pp
2.       Ajay Murdiya S/o Late Sh. Mahaveer Singh, R/o 9
         Govindpura, Opposite Mb College Ground, Bhupalpura,
         Udaipur. Raj..
                                                                    ----Respondents
                                 Connected With
               S.B. Criminal Misc(Pet.) No. 10167/2025
1.       Vikram Praveen Bhatt S/o Praveen Bhatt, Aged About 56
         Years, 41/42/b Ganga Bhawan, J.p Narayan Road, Off Yari
         Road,       Andheri    West,      Vasawa,         Mumbai      Maharashtra-
         400061
2.       Shwetambari Bhatt W/o Vikram Praveen Bhatt, Aged
         About 44 Years, 41/42/b Ganga Bhawan, J.p Narayan
         Road, Off Yari Road, Andheri West, Vasawa, Mumbai
         Maharashtra-400061
3.       Mehbub Ansari S/o Usmaan Ansari, Aged About 40 Years,
         B/304 Shiv Oswal Palace, Chs Ltd., Meera Road, Thane
         Mumbai, Maharashtra
4.       Mudit Buttan S/o Dharmendra Butta, Aged About 29
         Years, R/o. G-58, 3D Floor, West Patel Nagar, Delhi-
         110008
5.       Krishna Vikram Bhatt D/o Vikram Bhatt, Aged About 30
         Years, 2B/1718 Raheja Classic, New Link Road, Andheri
         West,       Near      Infinity      Mall       Azad        Nagar,   Mumbai
         Maharashtra-400053
                                                                      ----Petitioners
                                       Versus


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    1.       State       Of      Rajasthan,           Through             Secretary,   Home
             Department, Secretariat Building, Rajasthan
    2.       Ajay Murdia S/o Late Sh. Mahavir Singh, 9 Govindpura,
             M.b College, Ground Ke Samne, P.s Bhopalpura Udaipur,
             Rajasthan
                                                                            ----Respondents


    For Petitioner(s)              :     Mr. Prem Prakash with
                                         Mr. P.D. Shukla
                                         Mr. Mahendra Godara
                                         Mr. DS Gharsana
    For Respondent(s)              :     Mr. Deepak Choudhary, AAG
                                         Mr. Hanuman Prajapat, PP
                                         Mr. RS Bhati, PP
                                         Mr. Vikas Balia, Sr.Adv. (through VC)
                                         with
                                         Mr. Pranav Bhardwaj
                                         Mr. Gaurav Srivastava, IG Police,
                                         Udaipur along with
                                         Superintendent of Police, Udaipur &
                                         Investigating Officer (through VC)



                     HON'BLE MR. JUSTICE SAMEER JAIN

Judgment

1 Arguments concluded on 15/12/2025 2 Judgment Reserved on 15/12/2025 3 Full Judgment or Operative Part Pronounced Full Judgment 4 Pronounced on 5/01/2026

REPORTABLE :

1. The present judgment was reserved on 15.12.2025 at

the Rajasthan High Court, Jodhpur Bench during the rotational

sitting, and in accordance with the roster assigned, thereby.

Pursuant to the directions of this Court, the parties submitted their

written submissions, the last of which were filed on 17.12.2025.

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The judgment is being pronounced on the first working day of the

Court after the conclusion of the winter vacations.

2. The present petitions are filed for quashing & setting

aside the FIR No.213/2025 registered at Police Station

Bhupalpura, District Udaipur for the offences under Sections

318(4), 316(2), 336(3), 340(2) and 61(2) of Bhartiya Nyay

Sanhita, 2023 (BNS, 2023) and entire proceedings arising out of

the impugned FIR. Taking note of the fact that the present

petitions are intrinsically interlinked, arising out of the same issue

and seeking identical reliefs, the Court deemed it appropriate to

club the present petitions for joint consideration. Accordingly, the

same are being adjudicated by way of this common judgment. It

is clarified that the present judgment shall apply mutatis mutandis

to both the petitions.

3. At the outset, learned counsel appearing on behalf of

the petitioner submitted that the principal accused i.e. petitioner

No.1, namely Shri Vikram Praveen Bhatt, is a well-known and

reputed film maker in the Indian Film Industry, and petitioner

Nos.2 to 5 in SBCRLMP No.10167/2025 are close relatives and/or

business partners associated with him. Further, the petitioners in

the connected SBCRLMP No.10149/2025, namely Shri Gangeshwar

Lal Shrivastava and Shri Ashok Dubey, are duly elected office

bearers of the Federation of Western India Cine Employees

(hereinafter referred to as "FWICE"); they were, at the relevant

point of time, discharging their official functions as Treasurer and

Chairman of the Dispute Redressal Committee respectively, and

were required to facilitate resolution of disputes inter se between

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the members and complainants strictly in accordance with Clause

17A of the governing provisions, which deals with the constitution

and functioning of dispute settlement committees.

4. Learned counsel for the petitioners contended that

petitioner No.1 and respondent No.2 were introduced to each

other through a common acquaintance, namely Shri Dinesh

Katariya, in the month of April, 2024. It was further submitted

that respondent No.2, who is the present complainant, expressed

his intention to produce a biopic based on his own life however,

subsequently his wife expired. It was further contended that

discussions in this regard were initiated between the parties; and

pursuant thereto, on 24.05.2024, a First Term Sheet Agreement

was executed between VSB LLP, a firm of petitioner No.1, and

Indira Enterprises, belonging to respondent No.2, for the

production of two films, with a total proposed investment of Rs. 40

Crore. It was also brought to the notice of the Court that the said

agreement specifically contained a clause conferring exclusive

jurisdiction upon the Courts at Mumbai in the event of any dispute

arising between the parties.

5. It was further submitted that subsequently, on

21.06.2024, an Addendum Term Sheet was executed between the

parties, whereby the scope of collaboration was expanded to

include the production of four films, upon an additional investment

of Rs. 7 Crore. Learned counsel further submitted that in the

month of September, 2024, a grand launch event was organised at

JW Marriott, Mumbai, wherein the production of the said four films

was publicly announced. It was also contended that on

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21.03.2025, one of the films was completed; however, upon its

release in March, 2025, the film did not perform as expected

commercially. Consequently, respondent No.2 unilaterally rolled

back the finance model earlier contemplated under the

agreements and ignored his own contractual obligations, thereby

committing breach on his part.

6. It was submitted that as a consequence of the

aforesaid breach by respondent No.2, he, in collusion with his

employees, unlawfully removed and misappropriated confidential

financial documents belonging to petitioner Nos.1 and 2 in-

between the period of March, 2025 and September, 2025; and

that such acts were committed in connivance with Shri Rakesh

Panigrahi and Assistant Editor Shri Jitendra Sharma. It was also

apprised to the Court that in respect thereof, an FIR was

registered on 10.10.2025 at Police Station Versova, Thane,

Mumbai, against Shri Rakesh Panigrahi and Shri Jitendra Sharma

for offences under Sections 316(4) and 3(5) of the Bharatiya

Nyaya Sanhita, 2023, pertaining to theft, misappropriation and

unauthorised removal of confidential data. It was further

submitted that thereafter, on 23.10.2025, respondent No.2, in

collusion with Shri Rakesh Panigrahi, hatched a conspiracy to

falsely implicate the present petitioners, which culminated in the

registration of the impugned FIR(s).

7. In the aforesaid backdrop, learned counsel submitted

that the present proceedings arising out of the impugned FIR are

wholly illegal, untenable in law, and liable to be quashed and set

aside on the following, amongst other, grounds:

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7.1 The impugned FIR emanates from a purely contractual

relationship between two private parties, and the agreements

were acted upon in their true letter and spirit, and the dispute, if

any, is civil and commercial in nature. Thence, the attempt to give

a criminal colour to a civil dispute is unwarranted and contrary to

the settled position of law, as laid down by the Hon'ble Supreme

Court in the ratio encapsulated in Indian Oil Corporation v.

NEPC India Ltd., 2006 (3) SCC (Crl.) 188.

7.2 The agreements between the parties expressly confer

exclusive jurisdiction upon the Courts at Mumbai, and therefore,

initiation of criminal proceedings elsewhere is without jurisdiction

and unsustainable.

7.3 An alternative remedy by way of amicable settlement

through FWICE was already being pursued, during which a

demand of Rs. 11 Crore was raised at the behest of the

respondents.

8. It was submitted that, in view of the above, the

registration of the FIR and the proceedings emanating therefrom

amount to a gross misuse and abuse of the criminal justice

system. Learned counsel further submitted that the timing of the

impugned FIR, when examined in the light of the sequence of

events, clearly establishes that the same is nothing but a

counterblast to the earlier FIR lodged at Mumbai against the

employees of respondent No.2.

9. In support of the aforesaid contentions, reliance was

placed on the judgment of the Hon'ble Supreme Court in State of

Haryana & Ors. v. Bhajan Lal & Ors., 1992 Supp. (1) SCC

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335, wherein it was held that criminal proceedings which are

manifestly attended with mala fide and instituted with an ulterior

motive to wreak vengeance or to settle private and personal

scores deserve to be quashed. It was further submitted that even

a bare reading of the contents of the impugned FIR itself reflects

that out of the four films, two were duly completed, and the

remaining two could not be completed only on account of the

unilateral rollback of the finance model by the complainant,

thereby demonstrating that the dispute is purely commercial in

nature.

10. Learned counsel also submitted that no preliminary

enquiry, as mandated under Section 173(3) Cr.P.C., was conducted

to ascertain the existence of a prima facie criminal offence prior to

registration of the FIR, in clear violation of the principles laid down

by the Hon'ble Supreme Court in the case of Lalita Kumari v.

Government of Uttar Pradesh & Ors., 2014 (2) SCC 1. It was

contended that by invoking the forum at Udaipur and disregarding

settled principles of law, the authorities, in connivance with the

police officials, acted with mala fide intent and in a conspiratorial

manner, resulting in vindictive and arbitrary action against the

petitioners.

11. It was further submitted that there exists a clear and

well-recognised distinction between a mere breach of contract and

the offence of criminal breach of trust, and the facts of the present

case, even if taken at face value, disclose at best a breach of

contract and not any criminal offence. In this regard and in

support of the contentions made insofar, reliance was placed upon

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various judgments passed by the Hon'ble Supreme Court inter

alia, Delhi Race Club (1940) Ltd. & Ors. v. State of U.P. &

Anr., 2024 (10) SCC 690. It was also submitted that the

agreements between the parties were acted upon openly and in

the public domain, and there was neither any allegation nor any

material to suggest the existence of fraudulent or dishonest

intention on the part of the petitioners from the inception of the

transaction, which is a sine qua non for offences of cheating or

criminal breach of trust. Therefore, it can be deduced that the

impugned FIR is an afterthought, amounts to abuse of the process

of law, and impermissibly seeks to convert a civil dispute into a

criminal prosecution.

12. Learned counsel lastly submitted that the conduct of

the Rajasthan Police is in blatant disregard of the mandate laid

down by the Hon'ble Supreme Court in the case of Arnesh

Kumar v. State of Bihar & Anr., 2014 (8) SCC 273 and 2009

(14) SCC 244: Sundar Babu & Ors. v. State of Tamil Nadu

inasmuch as the authorities ignored the settled safeguards, failed

to conduct a preliminary enquiry, did not issue notices or

summons, and proceeded with arrest in undue haste, in violation

of established legal principles.

13. In view of the aforesaid facts and circumstances,

learned counsel for the petitioners prayed that the present

petitions be allowed and the impugned FIR, along with all

proceedings arising therefrom, be quashed and set aside.

14. Per contra, learned Public Prosecutor, along with

learned counsel appearing on behalf of the complainant-

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respondent No.2, stoutly opposed the prayers made by learned

counsel for the petitioners. It was submitted that the present

petitions are based on misrepresentation and suppression of

material facts and that the petitioners have not approached this

Court with clean hands.

15. It was further submitted that a preliminary enquiry was

duly conducted. A 'parivad' was received at the instance of

respondent No.2 on 28.10.2025, whereupon the Superintendent of

Police, Shri Yogesh Goyal, on the same date i.e. 28.10.2025,

directed that a preliminary enquiry be undertaken. It was

submitted that the Investigating Officer, Shri Chhagan Purohit,

conducted the preliminary enquiry and also visited Mumbai in this

connection. During the course of such enquiry, it was revealed

that an amount of Rs. 2.50 Crore, paid as the initial amount, was

siphoned off and diverted. It was also submitted that subsequent

to the first contract, a fresh LLP Agreement was executed

conferring jurisdiction upon Udaipur, which agreement was

executed by Mrs. Shewtambhari Bhatt. During the enquiry,

WhatsApp chats were also examined.

16. It was submitted that under the revised agreement,

four films for different amounts were required to be completed

within stipulated timelines, subject to clarification and

reconciliation of bills by respondent No.2 or his authorised

representatives. However, the said clarification was not provided

and the funds were diverted. It was further submitted that

investigation was conducted through various vendors, creditors,

and persons associated with the film industry. Nonetheless, past

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incidents were also examined, including FIR No.205/2023 and

proceedings before the NCLT, Mumbai Bench, wherein insolvency

proceedings were initiated against the petitioners. Only thereafter,

directions were issued by the Superintendent of Police on

06.11.2025 for registration of the present FIR, and pursuant to

the preliminary enquiry, the FIR came to be registered on

08.11.2025.

17. It was apprised to the Court that notices were issued to

the accused-petitioners through e-mail on 23.11.2025,

25.11.2025, and 29.11.2025; however, the replies received were

unsatisfactory and evasive. It was submitted that proceedings

relating to anticipatory bail moved before the Hon'ble Bombay

High Court is concealed by the petitioners.

18. It was submitted that in view of the prevailing

circumstances, witnesses and evidence were being tampered with

and white-washed, and therefore arrest of the accused-petitioners

became inevitable. It was submitted that investigation has

revealed siphoning and diversion of funds towards settlement of

old dues and favoured vendors not related to respondent no.2 or

parties to the contract. It was alleged that funds were returned by

raising inflated invoices and settling the same personally, involving

relatives and the accused themselves, which is evident from the

enquiry and factual report.

19. Learned counsel for respondent No.2 further submitted

that from the inception of the transaction, the accused-petitioners

insisted on exclusive control over utilization, routing, and

accounting of funds, with no transparency or timely production.

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The first tranche of Rs. 2.50 Crore paid on 31.05.2024 through

Real Time Gross Settlement (RTGS) for a specific purpose was

diverted and layered through pre-identified vendors and

intermediary accounts without any bona fide production activity. It

was submitted that funds allocated for different films were

similarly diverted and that the films were never actually

commenced. The investigation revealed a modus operandi

involving inflated and fictitious invoices, which were refunded and

transferred back to the accused persons after deduction of

nominal commission. In support of the contentions made insofar,

reliance was placed on transaction trails showing siphoning of

funds to caterers and make-up artists, demonstrating dishonest

diversion of entrusted funds.

20. It was submitted that all accused-petitioners played

interconnected roles and acted in concert, and that even other

connected petitioners exerted pressure and coercion upon the

complainant to extract a further amount of Rs. 11 Crore. It was

also submitted that under pressure and influence, attempts were

made to manipulate settlement proceedings and record incorrect

order sheets.

21. It was also submitted that due to financial distress,

multiple litigations and insolvency proceedings are pending against

the petitioners, and that material facts relating to police

complaints and initiation of proceedings under the Insolvency and

Bankruptcy Code against the firms of the petitioners have been

suppressed. In support of the contentions made insofar, reliance

was placed upon a catena of judgments passed by the Hon'ble

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Supreme Court, inter alia, M/s. Niharika Infrastructure Pvt.

Vs. The State of Maharashtra : (2021) SCC OnLine SC 315,

Dineshbhai Chandubhai Patel Vs. The State of Gujarat :

(2018) 3 SCC 104, Ramveer Upadhyay Vs. The State of

Uttar Pradesh : (2022) Live Law (SC) 396, Central Bureau

of Investigation Vs. Aryan Singh Etc. : (2023) SCC Online

SC 379, Mahendra KC Vs. The State of Karnataka & Anr. :

(2022) 2 SCC 2019, Punit Beriwal Vs. The State of NCT of

Delhi & Ors.: 2025 SCC OnLine SC 983 & Preeti Saraf Vs.

State of NCT of Delhi : 2021 (16) SCC 142.

22. It was submitted that applications for

anticipatory/transit bail filed by the accused-petitioners were

dismissed by the Hon'ble Bombay High Court.

23. In conclusion, it was submitted that a bare perusal of

the FIR discloses commission of cognizable offences involving

dishonest intention and diversion of funds, necessitating a full-

fledged investigation. Accordingly, it was prayed that the present

petitions be dismissed.

24. Upon assiduous consideration of the rival submissions

advanced by learned counsel for the parties, perusal of the

material placed on record, and examination of the FIR and the

attendant circumstances, this Court is of the considered view that

no case is made out for exercise of inherent jurisdiction under

Section 528 of BNSS for quashing of the impugned FIR or the

proceedings arising therefrom.

25. At the outset, this Court notes that the allegations

contained in the FIR, read as a whole and taken at their face

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value, disclose specific and detailed assertions of siphoning,

diversion, and misappropriation of funds entrusted for a limited

and defined purpose. The FIR, coupled with the material collected

during preliminary enquiry, prima facie reveals allegations of

dishonest intent, diversion of funds through intermediary

accounts, and use of inflated and fictitious invoices. Such

allegations cannot be brushed aside as mere breach of contract at

this stage. Withal, this Court also deems it apposite to jot down as

follows:

25.1 That the record demonstrates that a preliminary

enquiry was duly conducted prior to registration of the FIR. The

contention raised on behalf of the petitioners that no such enquiry

was undertaken is belied by the material on record. It is noted

that notices/summons were issued to the petitioners on

23.11.2025 and 29.11.2025, to which prima facie unsatisfactory

replies were submitted. The existence of such notices and replies

clearly negates the plea of non-compliance with the mandate laid

down in Arnesh Kumar (supra) and the alleged violation of due

procedure of law.

25.2 The record reflects that upon receipt of the Parivad on

28.10.2025, the Superintendent of Police directed a preliminary

enquiry, which was carried out by the Investigating Officer,

including visits to Mumbai and examination of relevant documents

and electronic material. Only thereafter, upon satisfaction

regarding commission of cognizable offences, directions were

issued for registration of the FIR.

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25.3 That the preliminary enquiry, read in conjunction with

the record, prima facie reveals allegations of financial diversion of

funds from the inception of the transaction, including diversion to

entities not contemplated under the private contract. The

execution of an additional agreement, whereby the jurisdiction

clause was altered from Mumbai to Udaipur, also forms part of the

allegations which are subject matter of investigation.

25.4 That the record further reflects references to past

proceedings, including criminal antecedents and insolvency-related

proceedings qua the firm of the petitioners, indicating financial

distress. These aspects form part of the investigative material and

cannot be ignored at this stage.

26. At this juncture, this Court cannot conclusively

determine whether the dispute is purely one of breach of contract

or constitutes the offence of criminal breach of trust. Prima facie,

the material emerging from the enquiry conducted by the State,

as well as the allegations levelled by the complainant, disclose

sufficient grounds warranting investigation. The existence of such

prima facie material restrains this Court from entering into the

merits of the allegations or undertaking an assessment of the

veracity thereof while exercising jurisdiction under Section 528 of

BNSS.

27. Additionally, it can be noted that merely because a

transaction has a contractual foundation does not ipso facto bar

criminal proceedings, where the allegations disclose ingredients of

cognizable offences. The material on record indicates that the

prosecution case is not confined to non-performance of contractual

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obligations, but extends to allegations of deliberate diversion of

funds, lack of transparency, and dishonest utilisation of monies

entrusted for film production.

28. The plea of mala fides and the argument that the FIR is

a counterblast to earlier proceedings are matters which involve

disputed questions of fact. At this stage, such issues cannot be

conclusively adjudicated in proceedings under Section 528 of

BNSS. The inherent jurisdiction of this Court is not intended to

conduct a mini trial or to evaluate the probative value of evidence,

particularly when investigation is still ongoing.

29. This Court is further mindful of the settled legal position

that quashing of criminal proceedings at the threshold is an

exception and not the rule. The parameters laid down by the

Hon'ble Supreme Court in the case of Bhajan Lal (supra) are

required to be applied with circumspection. In the present case,

the allegations do not fall within the categories warranting

quashment, as the FIR cannot be said to be inherently absurd,

mala fide on its face, or devoid of the essential ingredients of the

alleged offences.

30. Withal, the Hon'ble Supreme Court whilst governing the

scope of interference under Section 482 Cr.P.C./528 of BNSS, in

M/s Neeharika Infrastructure Pvt. Ltd. (supra), held that at

the initial stage the sole test is whether the FIR discloses a

cognizable offence, and if it does, the enquiry must proceed

without judicial interference, as the police have a statutory right to

investigate and the High Court cannot examine the truthfulness of

allegations at this stage. Similarly, in Dineshbhai Chandubhai

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Patel (supra), the Apex Court categorically held that once the

ingredients of an offence are disclosed, the High Court must

refrain from acting as an investigating agency or appellate forum

to test the veracity of allegations, as factual enquiries lie

exclusively within the domain of the investigating officer. The

same principle was reiterated in the case of Ramveer Upadhyay

(supra), wherein it was held that the truthfulness of allegations is

a matter for trial and proceedings cannot be quashed merely

because the complainant may have a personal grudge, so long as

a cognizable offence is disclosed. Further, in Central Bureau of

Investigation v. Aryan Singh (2023 SCC Online SC 379), the

Supreme Court set aside the High Court's conduct of a 'mini-trial',

holding that at this stage the Court is only required to assess

whether sufficient material exists to proceed and anything beyond

that amounts to a prohibited mini-trial; and lastly, in Mahendra

KC (supra), the Apex Court clarified that while exercising

jurisdiction under Section 482 Cr.P.C./528 BNSS, the High Court

must examine the allegations "as they stand" without adding or

subtracting anything, and that analysing evidence or testing the

veracity of allegations at the initial stage is impermissible and

beyond the scope of inherent jurisdiction.

31. It is also pertinent to note that in the matter at hand

applications for anticipatory/transit bail moved by the petitioners

have already been dismissed by the Hon'ble Bombay High Court.

The investigation, as reflected from the record, is at a crucial

stage and involves examination of financial transactions, vendors,

and interlinked roles of the accused-petitioners. Interference by

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this Court at this juncture would impede a fair and complete

investigation.

32. Thence, in summation of the aforementioned it can be

noted that the FIR, read as a whole, along with the material

collected during the preliminary enquiry, prima facie discloses

allegations of siphoning of enormous amount upto the tune of Rs.

2.5 Crore qua the total amount in question being 47 Crore

approximately, diversion and misappropriation of entrusted funds,

involving dishonest intent, use of intermediary accounts and

inflated or fictitious invoices, which cannot be reduced to a mere

breach of contract at this stage. It is note-worthy that it prima

facie appears that the petitioners have approached the Court with

unclean hands, nonetheless, concealing material facts, for

instance, the anticipatory/transit bail application so moved; that

the record shows that upon receipt of the parivad on 28.10.2025,

a preliminary enquiry was conducted by the Investigating Officer,

including examination of documents and electronic material, and

only thereafter was the FIR registered; that notices issued to the

petitioners on 23.11.2025 and 29.11.2025 elicited prima facie

unsatisfactory replies, thereby negating any violation of the

mandate of Arnesh Kumar (supra) or due process; that the

material further reflects allegations of diversion of funds from the

inception of the transaction, creation of data with accelerated

charges, execution of an additional agreement shifting jurisdiction

from Mumbai to Udaipur, and references to past antecedents and

insolvency-related proceedings indicating financial distress of the

petitioners' firm, all of which form part of the investigative record

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and cannot be ignored at this stage. Moreover, the controversy in

the present case arises out of an employer-employee relationship,

and not as a counterblast to the complaint/FIR made registered by

the petitioners, nevertheless, at this stage several disputed and

doubtful factual aspects have surfaced, the determination of which

necessarily requires a thorough investigation by the competent

authority, in accordance with law.

33. In view of the foregoing discussion, this Court is of the

considered opinion that the impugned FIR discloses prima facie

commission of cognizable offences and warrants a full-fledged

investigation. No ground is made out for invocation of the inherent

powers of this Court under Section 528 of BNSS.

34. Accordingly, the present petitions are dismissed, at the

threshold. Interim protection, if any granted, shall stand

dismissed/vacated in view of the dismissal of the present

petitions. Pending applications, if any, stand disposed of.

35. A copy of this judgment be placed in the connected

petition.

(SAMEER JAIN), J Preeti Asopa

(Uploaded on 05/01/2026 at 01:01:37 PM)

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