HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2193/2025 Rajesh Avasthi S/o Late Kailash Chand Avasthi & Anr. ----Petitioners Versus State Of Rajasthan & Anr. ----Respondents For Petitioner(s) : Mr. Akshat Chaudhary For Respondent(s) : Mr. Manvendra Singh, PP, Ms. Akshaya Varma and Mr. Rahul Verma for Dr. Abhinav Sharma HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 11/07/2025 1. The present petition has been preferred by the petitioners under Section 528 BNSS for quashing the FIR No.87/2025 registered at Police Station Sadar Sikar, District Sikar under Sections 420, 406, 465, 467, 468, 471 & 120-B of IPC. 2. It is contended by learned counsel for the petitioners that the petitioners and the complainant have entered into a partnership deed. The petitioners have not misappropriated any amount as mentioned in the FIR. It is also contended that the registered sale deed were executed in the presence of complainant and it bears his signature. It is also contended that the said sale deed were executed in the year 2021-2022 and as per the agreement entered between the parties, arbitration clause exists yet the complainant never invoked the arbitration clause rather directly filed the present FIR in order to harass the petitioners. The petitioners have not misappropriated any amount and they are ready and willing to cooperate with the investigation. The concerned SHO has issued notice under Section 94 of BNSS to the petitioners and the petitioners are ready and willing to appear (2 of 2) [CRLMP-2193/2025] before the concerned SHO, therefore, the petitioners may be protected till further order. 3. The learned counsel Mr. Rahul Verma, accepts notice on behalf of the respondent No.2 and seeks time to file reply. It is informed by learned counsel for the respondents that the petitioners in connivance with other co-accused have misappropriated the amount received from the owners and never deposited the same in the firm's account. It is also contended that fake entries were also made in the leisure account of the firm. It is further contended that custodial investigation of the petitioners is required, therefore, no such protection may be granted to the petitioner. 4. Heard and perused the material available on record. 5. It is not desirable to express anything on the merits of the case. Considering the arguments raised by the learned counsel for the petitioners coupled with the documents submitted, this Court deems it proper to protect the present petitioners and to direct the concerned Investigating Officer not to arrest the petitioners in connection with FIR No.87/2025, registered at Police Station Sadar Sikar, District Sikar. The petitioners are also directed to appear before the concerned Investigating Officer on or before 21.07.2025. 6. Learned counsel for the respondents shall be at liberty to pray for the vacation of this order. 7. Learned Public Prosecutor is directed to submit the factual report on the next date of hearing i.e., 25.07.2025. 8. List the matter on 25.07.2025. (PRAVEER BHATNAGAR),J Keshav/33