High Court disposed of a criminal writ petition filed by a Credit Co-operative Society seeking security for its Chairman and office bearers against threats during liquidator proceedings. The Court directed the petitioner to approach the Superintendent of Police for protection rather than intervening directly.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Writs No. 150 / 2018
Apeshwar Credit Co-operative Society Ltd Through Its Chairman, Narendra Rawal S/o Shri Narainlal Ji Rawal, Aged About 47 Years, Head Office At Old Bus Stand Road, Near Ayurvedic Hospital, Sirohi R/o Sen Gali, Sadar Bazar, Sirohi.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Vineet Jain
Mr. K.S. Lodha
For Respondent(s) : Mr. Vikram Rajpurohit, Public Prosecutor
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
07/05/2018
This criminal writ petition has been filed by the petitionersociety through its Chairman with the following prayers :-
“It is, therefore, respectfully prayed that this petition for writ in the nature of mandamus may kindly be allowed and by any other appropriate writ, order or direction:
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[CRLW-150/2018]
remedies can be available of by the office bearers of the society.
During the course of argument, learned counsel for the petitioner-society has submitted that he confine his prayer only up to the Prayer No.1, however, does not press the other prayers.
This criminal writ petition has been filed by the petitionersociety through its Chairman with a prayer for providing adequate security to him and the office bearers for participating the proceedings before the liquidator, wherein the depositors levelled allegations of fraud, cheating and misappropriation of money deposited by them.
The Chairman of the petitioner-society apprehends that the creditors of the petitioner-society may harm him and the office bearers of the petitioner-society.
Having heard learned counsel for the petitioner-society and having gone through the averements made in this criminal misc. petition, this Court is of the opinion that if the Chairman of petitioner-society is having any apprehension about safety of himself as well as the staffs of petitioner-society, he can very well approach the Superintendent of Police of the concerned district, where he may make appropriate prayer.
It is expected that if any such prayer is made by the Chairman of the petitioner-society through representation, the
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[CRLW-150/2018]
Superintendent of Police of concerned district shall consider the same and after analyzing the threat perception to the lives and liberty of the Chairman of the petitioner-society and its staff, may pass appropriate order, if requires so.
With these observations, this criminal writ petition is disposed of.
(VIJAY BISHNOI),J.
Abhishek Kumar S.No.34
Apeshwar Credit Co-operative Society Ltd
The State of Rajasthan
Superintendent of Police, Sirohi
District Magistrate & Collector, Sirohi
VIJAY BISHNOI
As recorded by the court registry
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