Dismissed

Indrajit Singh S/O Sh. Harendra Pal Singh, v. Registhan Pvt. Ltd.

Rajasthan HC21 Mar 2023CRLMP/3679/2022

Case brief

AI extract

What is this about?

High Court dismissed S.B. Criminal Misc. Petition challenging an order declining civil documents in Section 340 Cr.P.C. proceedings, holding the main application was already dismissed on merits and the instant petition was infructuous and devoid of merit.

What did the court decide?

Criminal miscellaneous petition is dismissed as it is devoid of merit and the instant petition has become infructuous.

Indrajit Singh S/O Sh. Harendra Pal Singh, Vs… — Cheating and Forgery | Rajasthan HC (2023)

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[2023/RJJP/004584]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 3679/2022

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Indrajit Singh S/o Sh. Harendra Pal Singh, Aged About 59 Years, Director-Umashri Hospitality And Realty Pvt. Ltd., R/o 2, Yudhishthira Marg, C-Scheme, Jaipur.

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----Petitioner

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Versus

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Registhan Pvt. Ltd, Anokhi Farm, Todi Ramzanipura, Jagatpura, Jaipur

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Pritam A. Singh Son Of Late Shri Jitendra Pal Singh, Resident Of Anokhi Farm House, Todi Ramzanipura, Jagatpura, Jaipur.

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Smt. Margret Faith Singh Wife Of Late Shri Jitendra Pal Sing, Resident Of Anokhi Farm House, Todi Ramzanipura, Jagatpura, Jaipur.

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Rachel Joana Bracken Singh Wife Of Shri Pritam A. Singh, Director, Registhan Pvt. Ltd. Anokhi Farm, Todi Ramzanipura, Jagatpura, Jaipur.

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Kalyan Singh Bhayal Son Of Sh. Tej Singh Bhayal, Resident Of 272, Pashchim Vihar, Sirsi Road, Jaipur.

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Kavita Madhok, Director, Registhan Pvt. Ltd. Anokhi Farm, Todi Ramzanipura, Jagatpura, Jaipur.

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Harsh Madhok, Director, Registhan Pvt. Ltd., Anokhi Farm, Todi Ramzanipura, Jagatpura, Jaipur.

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----Respondents

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For Petitioner(s) : None present For Respondent(s) : Mr. Babu Lal Nasuna, Dy.GA Mr. Kalyan Singh

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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21/03/2023

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None present on behalf of the petitioner.

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This criminal misc. petition is preferred against the order

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dated 16.03.2021 passed by Additional District & Sessions Judge

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No.6, Jaipur Metropolitan-1, Jaipur, whereby, the application of the petitioner for taking the documents on record was dismissed.

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From the facts it appears that a complaint under Section 340 Cr.P.C. was filed by the petitioner for initiating an enquiry under Section 340 of Cr.P.C. against the respondents, for taking congnizance under Sections 191 and 193 of I.P.C. It is averred in the petition that respondents gave false statements in their written arguments presented before the Court below. It is also averred in this petition that petitioner lodged an FIR No.354/2016 at P.S. Ashok Nagar, Jaipur South on 21.09.2016 under Sections 420, 406, 384 and 120-B of I.P.C. and without any cogent reasons the Investigating Officer submitted final report, against which, petitioner preferred a protest petition.

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It is further stated in the petition that vide order dated 03.05.2018, protest petition of the petitioner was dismissed and the said order was challenged by way of revision petition being R.P. No.55/2018 Indrajeet Singh Vs. State of Rajasthan in the Court of Additional District & Sessions Judge No.6, Jaipur Metropolitan-1, Jaipur. That revision petition was also dismissed vide order dated 28.11.2018. Against that order, S.B. Criminal Misc. Petition No.7935/2018 is pending.

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It is averred in the petition that respondents deliberately submitted false statements while filing the written statement and against which application under Section 340 Cr.P.C. was filed by the petitioner.

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It is also stated that during the course of inquiry petitioner submitted certain documents related to civil suit and vide order dated 16.03.2021, the same was declined.

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Petitioner and his advocate are absent.

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Respondent No.5 is present in person. He submits that the main application under Section 340 of Cr.P.C., preferred against the respondents, was finally dismissed by the learned Additional District & Sessions Judge No.6, Jaipur Metropolitan-1, Jaipur vide order dated 19.07.2022. He also submits that in view of the dismissal of the application under Section 340 Cr.P.C., the instant S.B. Criminal Misc. Petition has become infructuous.

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I have gone through the petition as well as the documents annexed with the petition and the impugned order dated 16.03.2021.

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From the perusal of the documents and the petition itself, it is clear that criminal proceedings initiated against the respondents were dismissed. Though, petitioner has challenged the impugned order regarding accepting the FIR and Revisional Court order, through which dismissal of the complaint (protest petition) order passed by the learned lower court was maintained.

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In the impugned order 16.03.2021, learned court was of the opinion that the documents submitted by the petitioner relating to civil case is not relevant for the disposal of application under Section 340 of Cr.P.C.

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As the original petition under Section 340 of Cr.P.C. has already been dismissed on merits and further the impugned order does not suffer from any infirmity, I am of the opinion that the

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criminal misc. petition preferred by the petitioner is devoid of any

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merit and same is therefore dismissed.

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(PRAVEER BHATNAGAR),J

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SURAJ KUMAR /716 & DHARMENDRA RAKHECHA

Indrajit Singh S/O Sh. Harendra Pal Singh, v. Registhan Pvt. Ltd.

Case brief

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What did the court decide?

Indrajit Singh S/O Sh. Harendra Pal Singh, v. Registhan Pvt. Ltd.

Case brief

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What did the court decide?

What the court decided

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