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2026 DAILYLAW 4485 (RAJ)

K P VERMA v. STATE OF RAJ AND ORS

CRLMP/6473/2017 · 2026-04-01

Anoop Kumar Dhand

body2026

Judgment text

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[2026:RJ-JP:13615] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6473/2017 K. P. Verma S/o Late Shri Hoti Lal Verma,aged 78 years, R/o 92, Mahaveer Nagar, Tonk Road, Jaipur Raj. ----Accused-Petitioner Versus 1. State of Rajasthan Through P.P. 2. Vinod Vaid Chairman M/s Prudential Capital Market Lim- ited Tobacco House, Second Floor, 1 And 2, Court House Corner, Calcutta-700001 ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND Order 01/04/2026 1. By way of filing the instant criminal miscellaneous petition, a challenge has been led to the impugned order dated 31.03.2004 passed by the Learned Additional Civil Judge (Junior Division) and Judicial Magistrate, First Class, No.11, Jaipur City, Jaipur, by which cognizance has been taken against the petitioner under Section 420 IPC. 2. The grounds for assailing the aforesaid order is that in fact an FIR No.270/2000 was registered by the complainant against the petitioner with Police Station Ashok Nagar, Jaipur for the offences punishable under Section 420 IPC, which resulted in Final Report (Negative). Thereafter, a Protest Petition was filed against the Final Report (Negative) and the same was allowed and cognizance was taken against the petitioner. It has also been [2026:RJ-JP:13615] (2 of 2) [CRLMP-6473/2017] averred in the petition that instant case involves a dispute of civil nature for which criminal proceedings cannot be initiated. 3. Perusal of the order impugned indicates that after finding of prima facie case against the petitioner under Section 420 of IPC, cognizance has been taken against him and summons have been issued against him. 4. It is a settled proposition of law that at the time of taking cognizance of an offence, only prima facie case is required to be seen. The maticulous examination of evidence and defense of the accused is not required to be seen at this initial stage. 5. This Court finds no error in the order impugned passed by the Court below which warrants any interference of this Court. 6. Considering the above facts and circumstances of the case, this Court finds no substance in the instant petition. Accordingly, the same stands rejected. Stay application, all pending application(s), if any, stands dismissed. (ANOOP KUMAR DHAND),J Shivam-Puneet/37