Disposed

Santosh Rawal v. State of Rajasthan

Rajasthan HC20 Sept 2021CRLMP/4348/2021

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition under Section 482 Cr.P.C., the court disposed of the petition and a concurrent stay petition. The petitioner was granted liberty to submit a representation along with necessary documents to the investigating authority within ten days for reconsideration.

What did the court decide?

Petition disposed of with liberty to submit representation and documents to investigating authority within ten days for reconsideration.

Santosh Rawal Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 4348/2021

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Santosh Rawal W/o Shri Vijay Rawal, Aged About 48 Years, B/c Rawal, R/o Pwd Colony, Opposite Bsnl Office, Sirohi (Rajasthan)

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----Petitioner

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Versus

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State Of Rajasthan, Through Director General Of Police , Rajasthan, Jaipur (Raj.)

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Superintendent Of Police, Jodhpur (Rajasthan)

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Station House Officer, Police Station Khanda - Falsa, Jodhpur (Rajasthan)

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Shri Sunil Garg S/o Shri Satya Narayan Garg, R/o 248, Ghanchiyon Ka Bas, Inside Sivanchi Gate, Jodhpur (Rajasthan)

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----Respondents

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For Petitioner(s) : Mr. Shambhoo Singh Rathore For Respondent(s) : Mr. Gaurav Singh, PP Mr. Dwarkesh Vyas

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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20/09/2021

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In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

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Learned counsel for the petitioner submits the petitioner is a lady and her husband has already been arrested in the offence in question and she is ready to appear before the concerned investigating officer.

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Learned counsel for complainant-respondent No.4 has shown the order dated 06.04.2018 passed by this Hon’ble Court in S.B.

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(2 of 3)

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[CRLMP-4348/2021]

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Criminal Misc. Petition No.2339/2017 (Vijay Rawal & Anr. Vs. State of Rajasthan & Anr.), which reads as follows:

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“This criminal misc. petition under Section 482 Cr.P.C. is filed by the petitioners with a prayer for quashing of FIR No.85/2017 of Police Station Swaroopganj District Sirohi.

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On 07.02.2018 this Court has directed the petitioners to appear before the Investigating Officer and co-operate in the investigation. It has also been directed that the Investigating Officer shall conduct thorough investigation to find out the precise material of involvement of the present petitioners in the alleged offences.

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Learned Public Prosecutor has submitted a factual report wherein, it is mentioned that after thorough investigation and after scrutiny of the record seized by the police, the involvement of the petitioner No.1 is not made out in connection of any offence, however, in respect of the petitioner No.2 it is stated that she is directly involved in commission of crime.

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Learned counsel for the petitioner has submitted that Smt.Santosh Rawal was the Chairperson of the Society, however, she already resigned way back in the year 2014 and therefore, the police are wrongly implicating Smt. Santosh.

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Per contra learned Public Prosecutor has submitted that from the record collected by the police in respect of the several bank accounts, in which money of the poor persons have been deposited, the bank has certified that Smt. Santosh Rawal is one of the account holder and was also authorized to operate the said account. Learned Public Prosecutor has placed reliance on the letters of this effect issued by the Central Bank of India Sirohi Branch and ICICI Bank Sirohi Branch.

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(3 of 3)

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[CRLMP-4348/2021]

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Learned Public Prosecutor has also submitted that till date the police has not found involvement of the petitioner No.1 – Vijay Rawal in commission of any crime and therefore, the investigating agency may not be in a position to file charge-sheet against the petitioner No.1, however, evidence regarding involvement of petitioner No2.- Smt. Santosh is available on record and the police will take necessary action against her strictly in accordance with law.

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Having taken into consideration the arguments of the learned Public Prosecutor and after scrutinizing the case diary and in view of the fact that the police have not found any involvement of petitioner No.1 in the commission of crime and found involvement of the petitioner No.2- Smt. Santosh in commission of crime, it is expected that the police shall file the final conclusions before the concerned court in that light.

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With these observations, this criminal misc. petition is disposed of.

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Stay petition also stands disposed of. ”

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The factual report also indicates the primary involvement of the present petitioner.

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In view of the above, the present petition is disposed of with the liberty to the petitioner to submit a representation alongwith all the necessary documents before the concerned investigating authority within a period of ten days from today, then the same shall be considered and decided, strictly in accordance with law. Stay petition also stands disposed of.

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(DR.PUSHPENDRA SINGH BHATI),J.

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196-Zeeshan

Santosh Rawal v. State of Rajasthan

Case brief

What is this about?

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Santosh Rawal v. State of Rajasthan

Case brief

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