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2025 DAILYLAW 44310 (RAJ)

PREM SHANKAR BHARDWAJ S/O SHRI RAMBABU BHARDWAJ v. STATE OF RAJASTHAN

CRLMP/3269/2022 · 2025-11-10

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:45129] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3269/2022 Prem Shankar Bhardwaj S/o Shri Rambabu Bhardwaj, R/o Sherpur, Tehsil Suroth, District Karauli. ----Petitioner Versus 1. State of Rajasthan, through Public Prosecutor. 2. Uttam Kumar S/o Battu Lal Meena, R/o Bheelapada, Nadauti District Karauli, Working On The Post Of Branch Manager, Pnb Branch Norangabad, Shri Mahaveer Ji, District Karauli. ----Respondents For Petitioner(s) : Mr.Umashanker Pandey For Respondent(s) : Mr.Amit Kumar Gupta, PP JUSTICE ANOOP KUMAR DHAND Order 10/11/2025 1. By way of filing this petition, a prayer has been made for quashing the impugned F.I.R. No.111/2020 registered with the Police Station Mahaveer Ji, District Karauli under Sections 420, 406, 467, 468 & 471 of IPC. 2. Learned counsel for the petitioner submits that as per the F.I.R., a loan account was used for the purpose of advancing loan. Counsel submits that a transaction was made in the loan account on a particular day and after two days, the said amount was redeposited back into the bank. Counsel submits that the petitioner does not have any concern whatsoever with the aforesaid incident. The manager of the bank was responsible, who has not been charge-sheeted rather he has been treated as a [2025:RJ-JP:45129] (2 of 2) [CRLMP-3269/2022] witness of the aforesaid incident. Counsel submits that when the departmental enquiry was conducted by the bank, the erstwhile Bank Manager was found guilty and punished by the Bank. Counsel submits that under these circumstances, no case is made out against the petitioner, hence, the impugned F.I.R. is liable to be quashed and set-aside. 3. Per contra, learned Public Prosecutor opposed the prayer and submitted that the contents of the F.I.R. reveal the commission of a cognizable offence and after investigation, charge-sheet has already been submitted against the petitioner, hence, under these circumstances, interference of this Court is not warranted. 4. Having regard to the facts and circumstances of the case, this Court, at this stage, cannot adjudge the correctness of the allegations levelled against the petitioner while exercising its inherent jurisdiction contained under Section 482 Cr.P.C. 5. The correctness of the allegations is required to be adjudicated by the trial Court at the appropriate stage of trial. The proceedings arising out of the impugned F.I.R. cannot be quashed and set-aside by this Court at this stage. The petitioner would be at liberty to take all the above defences at the appropriate stage of the trial. 6. With the aforesaid observations, the criminal misc. petition stands dismissed. Stay application as well as all applications (pending, if any) stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /105