Dismissed

Surendra Khare and Ors. v. State of Rajasthan and Anr.

Rajasthan HC2 Jan 2020CRLMP/1006/2013

Case brief

AI extract

What is this about?

High Court dismissed a criminal miscellaneous petition challenging an FIR and investigation. The Court held that authenticity of alleged incidents is for the Investigating Authority and excluded judicial intervention under Section 482 Cr.P.C., vacating an interim stay.

What did the court decide?

Petition dismissed; interim order vacated; investigation allowed to proceed by Investigating Officer.

Surendra Khare and Ors. Vs State of… — Civil Procedure and Limitation | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 1006/2013

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Surendra Khare S/o Madan Mohan Khare aged about 48 years, resident of T-3 Bhagwan Residency Govind Garden P.S. Govindpura District Bhopal (M.P.) presently working as Vice President (Arbitration and Contract) at ARSS Infrastructure Project Limited having office at L-32 Income Tax Colony, Tonk Road, Durgapura, Jaipur.

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Sanjay Kumar son of Shri Neel Kanth aged about 40 years presently working as Vice President (Projects) at ARSS Infrastructure Project Limited having office at L-32 Income Tax Colony, Tonk Road, Durgapura, Jaipur.

¶5

Sunil Agarwal S/o Shri Mohanlal Agarwal, aged about 38 years, resident of Plot No.VIP-157, Nayapali, Bhubaneswar, District Khurda, Odisha, presently holding the post of Chief Executive Officer at ARSS Infrastructure Project Limited having office at L-32 Income Tax Colony, Tonk Road, Durgapura, Jaipur.

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----Petitioners

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Versus

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The State Of Rajasthan through Public Prosecutor

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----Respondent

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Ghasi Lal son of Banwari Lal aged about 43 years, resident of 412, Royal Ward, Sansar Chand Road, Jalupura, Jaipur.

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----Complainant-Respondent

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For Petitioner(s) : Mr. Sandeep Singh Shekhawat For Respondent(s) : Mr. Ramesh Choudhary, PP Mr. Syed Saadat Ali

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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02/01/2020

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This criminal misc. petition is pending before this Court since 2013 wherein the petitioners have assailed the FIR and investigation conducted against them in FIR No.32/2013

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(2 of 3) [CRLMP-1006/2013]

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registered at Police Station, Bajaj Nagar, District Jaipur City (East) for offence under Sections 323, 341 and 379 IPC.

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Initially, vide order dated 5^th April, 2013, this Court had stayed the investigation and had called for the case diary. Thereafter, on 26^th April, 2013, a statement was made by the learned counsel for the petitioners that there are chances of compromise being entered into between the parties and therefore, interim order was continued. Thereafter, an application has been filed before this Court by the Investigating Officer praying for vacation of the interim order granted by this Court as the case has been pending since 2013. Accordingly, matter came up before this Court.

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It is an admitted position that no compromise has been arrived at between the parties. Learned counsel for the petitioners submits that an FIR was lodged by them against the complainant party. Petitioner Nos.1 and 2 are Vice Presidents of the Project and Contract and petitioner No.3 is Chief Executive Officer of M/s. ARSS Infrastructure Project Limited. The complainant carries on the business of supply of Steel Bars through his Proprietor-ship Firm. Petitioner No.1 had lodged a complaint vide FIR No.513/2012 wherein investigation was conducted and chargesheet was filed under Sections 323, 341 and 504 IPC against the complainant. It is submitted that in the aforesaid background, present FIR has been lodged as a counter-blast of the aforesaid FIR, which is fictitious and is merely abuse of process of law.

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Learned counsel for the petitioners submits that the FIR and contents thereof would fall within the seven ambits as laid down in State of Haryana Versus Bhajan Lal reported in AIR 1992 SC 604

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(3 of 3)

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[CRLMP-1006/2013]

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for interfering with the matter. Thus, investigation ought to have been quashed.

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I have considered the submissions made by the learned counsel for the parties and perused the material available on record.

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From the contents of the FIR, which has been registered against the petitioners, it appears that some altercation has taken place as alleged. However, authenticity as to whether actually such an incident occurred or not, is not within the jurisdiction of this Court under Section 482 Cr.P.C. and exclusively within the domain of the Investigating Authority. Once, the Investigating Officer submitted his report, the same would be examined by the concerned Magistrate before he takes cognizance. At that stage, the petitioner would be always free to take up the matter. Keeping in view law laid down by the Supreme Court in Bhajan Lal & Ors. (supra), this Court has not find any reason to interfere with the contents of the alleged FIR and investigation conducted therein.

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In view of the above, the present criminal misc. petition is accordingly dismissed. The interim order passed by this Court is also vacated. The Investigating Officer shall be free to conduct his investigation and submit his report as observed above.

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SUNIL SOLANKI /19/4

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(SANJEEV PRAKASH SHARMA),J

Surendra Khare and Ors. v. State of Rajasthan and Anr.

Case brief

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Surendra Khare and Ors. v. State of Rajasthan and Anr.

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