Dismissed

Anil Sharma v. State and Anr.

Rajasthan HC1 Feb 2017CRLMP/3386/2016

Case brief

AI extract

What is this about?

Petitioners filed criminal miscellaneous petitions seeking quashing of an FIR. The court noted duplicate petitions and outstanding defects. With investigation concluding and a prima facie case found for specific offences, the petitions were dismissed.

What did the court decide?

The criminal miscellaneous petitions and stay petitions were dismissed for non-removal of defects and on merits.

Anil Sharma Vs State and Anr. — Cheque Dishonour | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B.Criminal Misc(Pet.) No. 3386 / 2016

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Anil Sharma S/o Shri Som Dutt Sharma,, Bajra Enclave, Ward No.3 Sirsi Road, Jaipur Director M/s a Class Prop. Bulid Pvt. Ltd. Registered Office Lg-20, Crown Plaza, Vaishali Nagar, Jaipur .

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----Petitioner

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Versus

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State of Rajasthan Through Public Prosecutor

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Lovbhushan Gupta S/o Surender Kumar,, 299 Agarsen Nagar, Sriganganagar, Director Sharp Edge Management Consultancy Private Ltd. Jawahar Nagar, Sri Ganganagar.

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----Respondents

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Connected With

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S.B.CRIMINAL MISC(PET.) No. 3385/2016

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Anil Sharma S/o Shri Som Dutt Sharma,, Bajra Enclave, Ward No.3 Sirsi Road, Jaipur Director M/s a Class Prop. Bulid Pvt. Ltd. Registered Office Lg-20, Crown Plaza, Vaishali Nagar, Jaipur .

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----Petitioner

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Versus

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State of Rajasthan Through Public Prosecutor

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Lovbhushan Gupta S/o Surender Kumar,, 299 Agarsen Nagar, Sriganganagar, Director Sharp Edge Management Consultancy Private Ltd. Jawahar Nagar, Sri Ganganagar.

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----Respondents

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For Petitioner(s) : Mr. Surendar Meel

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For Respondent(s) : Mr. Vikram Singh Rajpurohit, P.P.

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Order

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01/02/2017

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These criminal misc. petitions are filed by the petitioners

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with a prayer for quashing the FIR No. 377/2016 of Police station Jawahar Nagar, District Sri Ganganagar for the offences

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(2 of 3)

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[CRLMP-3386/2016]

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punishable under Sections 420, 467, 468, 471, 120-B of IPC.

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The Office has pointed out as many as seven defects on 16.11.2016, however, the defects have not been removed till date.

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As per the Office report, the petitioner has also filed another S.B. Criminal Misc. Petition No. 3385/2016 with similar prayer for quashing the FIR No. 377/2016 of Police station Jawahar Nagar, District Sri Ganganagar.

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It is noticed that in this criminal misc. petition, the petitioner has not mentioned about filing of earlier misc. petition seeking same relief. As per the record of the S.B. Criminal Misc. Petition No. 3385/2016, the same is filed before this Court on 28.09.2016, the very same day when the present petition is filed. In S.B. Criminal Misc. Petition No. 3385/2016 also, the office has pointed out as many as six defects, however, the said defects have also not been removed till date.

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Learned Public Prosecutor has furnished the factual report dated 10.01.2017, wherein it is mentioned that after thorough investigation into the allegations levelled in the impugned FIR No. 377/2016 of Police Station Jawahar Nagar, District Sri Ganganagar, the police has found prima facie case against the petitioner for the offences punishable under Sections 420 and 406 of IPC. It is also mentioned in the factual report that the police has not found case against the petitioner for commission of offence punishable under Sections 467, 461, 471 and 120-B of IPC.

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In view of the fact that the police has concluded investigation and is going to file charge-sheet against the petitioner within short span of time, I am not inclined to interfere

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(3 of 3)

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[CRLMP-3386/2016]

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in these criminal misc. petitions.

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Hence, these criminal misc. petitions are dismissed for non removal of defects as well as on merits.

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Stay petitions also stand dismissed.

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(VIJAY BISHNOI)J.

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Taruna

Anil Sharma v. State and Anr.

Case brief

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Anil Sharma v. State and Anr.

Case brief

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