The High Court of Rajasthan dismissed a petition for quashing an FIR under Section 420 IPC. The bench held that separate FIRs by different complainants alleging fraud by the same petitioner were maintainable, as each had an independent grievance.
Petitioner's petition for quashing of FIR No.416/2020 was dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No.3740/2020
Devesh S/o Sh. Ramniwas, R/o Moroli, Roopwas, Distt. Bharatpur, Raj.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. |
SanjaySharma |
|---|---|---|
| For Respondent(s) | : Mr. |
F.R. Meena,PP |
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
11/11/2020
The petitioner by way of this petition has prayed for quashing of FIR No.416/2020 registered against him by one Shiv Prasad for offence under Section 420 IPC wherein the complainant has alleged that the petitioner has committed a fraud and has unlawfully taken loan of Rs.4 lac from him.
Another FIR was lodged by one Naresh Kumar against the petitioner bearing No.407/2019 wherein Naresh Kumar alleged that the petitioner had fraudulently obtained a sum of Rs.5,50,000/- from him and he also mentions of having
(2 of 2)
[CRLMP-3740/2020]
committed forgery with his relative Shiv Prasad. Learned counsel submits that once investigation relating to FIR No.407/2019 is going on and the petitioner was arrested and was thereafter released on bail, fresh FIR by Shiv Prasad could not have been filed.
Learned counsel submits that for the same incident, two FIRs are not maintainable.
I have considered the submissions.
In opinion of this court, if the petitioner is found to have committed fraud with two different persons, both of them can be aggrieved and both are entitled to lodge FIRs against the petitioner. In this regard, therefore, it cannot be said that first FIR has been lodged by Naresh Kumar which also mentions about the petitioner having committed fraud, the complainant Shiv Prasad could not have lodged FIR.
In these circumstances, the misc. petition filed by the petitioner for quashing of FIR No.416/2020 is not made out. Accordingly, the misc. petition is dismissed.
(SANJEEV PRAKASH SHARMA),J
Karan Bhutani /531/57
2 issues framed by the court
Whether two FIRs for alleged fraud can be maintained for the same set of facts involving different complainants.
Whether the petitioner is entitled to quash the FIR filed by Shiv Prasad due to prior complaint by Naresh Kumar.
Devesh S/o Sh. Ramniwas
State Of Rajasthan, Through Pp
Dgp, Jaipur
Igp, Bharatpur, Range Bharatpur, Raj.
Sp, Distt. Bharatur, Raj.
Sho, Ps Roopwas, Distt. Bharatpur, Raj.
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
