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2025 DAILYLAW 22439 (RAJ)

RAMAWATAR AGRAWAL S/O RATANLAL v. STATE OF RAJASTHAN

CRLMP/3747/2025 · 2025-07-24

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:27746] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3747/2025 Ramawatar Agrawal S/o Ratanlal, R/o B-1, Amer Road, Near Brahmpuri Police Station, Brahmpuri, Jaipur (Rajasthan). ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. The Director General Of Police, Rajasthan, Jaipur. 3. The Commissioner Of Police, Police Commissionerate, Govt. Hostel, M.i. Road, Jaipur. 4. The Deputy Commissioner Of Police, Jaipur City (North). 5. The Station House Officer, Police Station Brahmpuri, District Jaipur City (North). ----Respondents Connected With S.B. Criminal Miscellaneous (Petition) No. 3317/2025 1. Gautam Chordia Son Of Shri Bhanwar Lal Chordia, Aged About 54 Years, Resident Of K-92, Kishan Marg, Shyam Nagar, Sodala, Jaipur (Raj). 2. Vanita Chordia Wife Of Shri Gautam Chordia, Aged About 54 Years, Resident Of K-92, Kishan Marg, Shyam Nagar, Sodala, Jaipur (Raj). 3. Gaurav Chordia Son Of Shri Gautam Chordia, Resident Of K- 92, Kishan Marg, Shyam Nagar, Sodala, Jaipur (Raj). 4. Sonali Jain Wife Of Shri Gaurav Chordia, Resident Of K-92, Kishan Marg, Shyam Nagar, Sodala, Jaipur (Raj). ----Petitioners Versus 1. State Of Rajasthan, Through P.p. 2. Ramavtar Agarwal Son Of Late Shri Ratan Lal, Aged About 59 Years, Resident Of B-1, Amer Rooad, Brahampuri, Jaipur (Raj). ----Respondents For Petitioner(s) : Mr. Mukesh Kumar Saini with Mr. Prashant Sharma (In SBCRLMP No.3747/2025) Mr. Rajesh Kumar Sharma with [2025:RJ-JP:27746] (2 of 3) [CRLMP-3747/2025] Ms. Kamini Pareek For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP Mr. Manvendra Singh Shekhawat, PP Mr. Mukesh Kumar Saini with Mr. Prashant Sharma (In SBCRLMP No.3317/2025) HON'BLE MR. JUSTICE SAMEER JAIN Judgment 24/07/2025 In the instant matter, cross petitions are filed. S.B. Criminal Miscellaneous Petition No. 3747/2025 is filed for fair, proper, impartial and expedite investigation and S.B. Criminal Miscellaneous Petition No. 3317/2025 is filed for quashing the entire criminal proceedings, both arising out of the FIR No.64/2025 dated 19.02.2025 registered at Police Station Brahmpuri, District Jaipur City (North) for offence under Section 420, 409, 416, 467, 468, 469, 421, 120-B of IPC. Learned counsel for the petitioner in the petition filed for quashing has submitted that dispute herein pertains to a civil dispute. It is further submitted that civil dispute is ongoing inter-se the parties before the concerned Court. Further, it is submitted that contents of the FIR reflects that dispute is contractual in nature. Learned counsel for the complainant has submitted that the complainant was duped in entering in the transaction as he is an NRI who is living in Italy for last 25 years. Further, it is submitted that complainant has invested the amount relying upon the Company Secretary and the accused. Lastly, it is submitted that the accused has siphoned the money given for the purpose of investment by the complainant. [2025:RJ-JP:27746] (3 of 3) [CRLMP-3747/2025] Having heard and considered the arguments advanced by the learned counsel for the parties, this Court is of the opinion that the matter involves disputed questions of fact, therefore, finds no reason to exercise its power under Section 482 Cr.P.C/ 528 of BNSS to quash the impugned FIR and consequential proceedings thereto, matter requires investigation. Howsoever, respective parties are at liberty to file representation before the appropriate authority, if any grievance arise, which shall be considered by the Investigating Authority, in accordance with law. Further, investigation in the instant matter be conducted under the supervision of Deputy Commissioner Of Police, Jaipur City (North), in accordance with law. In light of the above, the present petitions are disposed of. Pending applications, if any, shall stand disposed. (SAMEER JAIN),J DEEPAK/32-33