Dismissed

Naval Ajmera S/O Shri Nanchhi Lal, v. State of Rajasthan

Rajasthan HC4 May 2023CRLMP/5463/2021

Case brief

AI extract

What is this about?

A criminal miscellaneous petition filed by three petitioners under Section 482 Cr.P.C. seeking quashing of an FIR for cheating and forgery was dismissed. The High Court held that the investigation established the petitioners' involvement and no false foisting was found. The court also noted the petitioner Ravi Ajmera was a habitual offender.

What did the court decide?

The criminal miscellaneous petitions filed under Section 482 Cr.P.C. for quashing the FIR were dismissed in their entirety.

Naval Ajmera S/O Shri Nanchhi Lal, Vs State of… — Cheating and Forgery | Rajasthan HC (2023)

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[2023/RJJP/006464]

[CRLMP-497/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 497/2022

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Ravi Ajmera S/o Shri Hari Narayan, R/o House No. 11-A, Ajmera Kothi, Madhuvan Colony, P.s. Bajaj Nagar, Jaipur, Presently Residing At 6/413, Malviya Nagar, Jaipur.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Indu Modi W/o Shri Vinod Kumar Modi, R/o House No. G- 2, Vishwa Enclave, 1265-66, Rani Sati Nagar, Shyam Nagar, Jaipur.

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----Respondents

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Connected With

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S.B. Criminal Miscellaneous (Petition) No. 4321/2021

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Amit Singh Son Of Shri Lal Bahadur Singh, Resident Of 105, Nirma Nagar, Ajmer Road, Jaipur, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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Indu Modi Wife Of Shri Vinod Kumar Modi, Resident Of G- 2, Vishwa Enclave, 1265-66, Rani Sati Nagar, Shyam Nagar, Jaipur.

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----Respondents

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S.B. Criminal Miscellaneous (Petition) No. 5463/2021

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Naval Ajmera S/o Shri Nanchhi Lal, Aged About 60 Years, Resident Of House No. 1351 A, Barkat Nagar, Tonk Phatak, Jaipur.

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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Smt. Indu Modi W/o Shri Vinod Kumar Modi, Resident Of G-2, Vishwa Enclave, 1265-66, Rani Sati Nagar, Nirman

[2023/RJJP/006464]

[CRLMP-497/2022]

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Nagar, Jaipur.

----Respondents

For Petitioner(s)	: Mr.	D.K. Dixit
	Mr.	Naval Kishore Saini
For Respondent(s)	: Mr.	Suresh Kumar - PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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4/5/2023

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The petitioners Ravi Ajmera, Amit Singh and Naval Ajmera have filed the present criminal misc. petitions under Section 482 Cr.P.C. for quashing of FIR No.15/2018 registered at Police Station Muhana, Jaipur (South) for the offences under Sections 420, 406 and 120-B IPC.

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Brief facts of the cares are that one Smt. Indu Modi has lodged an FIR against Ravi Ajmer, Hanuman Saini and Pramod Saini regarding issuance of Patta of Plot No.25 ad measuring 112.60 sq. yard situated in Bajran Vihar Schemen, Muhana Road, Tehsil Sanganer, Jaipur; Ravi Ajmer, Hanuman Saini and Pramod Saini after showing her a map of scheme satisfied her to purchase the said plot, against which, she had paid Rs. 12 lacs to Ravi Ajmer in presence of other persons; the said persons have given her site plan and a receipt of Rs. 2,01,750/- and a Patta dated 10.06.2013; on 01.12.2017 when she went on the site she found that the said plot has fallen in the Sector Plan of 160 feet wide road and, as such, the named persons have cheated on her in planned way and illegally taken a sum of Rs. 12 lacs.

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[CRLMP-497/2022]

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It is submitted by learned counsel for the petitioners that a false FIR has been lodged against the petitioners as no offence is made out against them. It is submitted that implicating the petitioners as accused in the FIR is sheer misuse of power of Investigating Officer. It is submitted that no amount has been received from the complainant. It is submitted that a cheque of Rs. 12 lacks has already been paid to the complainant before this Court on 29.10.2021 and, as such, the alleged transaction of disputed plot became null. It is submitted that the complainant has executed an affidavit stating therein that she does not want to initiate any criminal proceeding against the petitioner Amit Singh. It is prayed that the FIR lodged against the petitioners and the consequential proceedings thereof may be quashed.

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Learned Public Prosecutor vehemently opposed the prayer made by counsel for the petitioners for quashing of FIR. It is submitted that the charge-sheet has been filed against the petitioners. It is also submitted that in the involvement of the petitioners has been established in the investigation. It is submitted that the misc. petitions filed by the petitioners may be dismissed.

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Heard learned counsel for the parties and perused the material available on record.

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The charge-sheet has already been submitted against the petitioners Ravi Ajmera, Amit Singh and Naval Ajmera and the allegations of forgery and duping the complainant and thus extorting Rs.12 lacs for forging a Patta of the land and misrepresenting the facts get affirmed from the investigation. From the investigation conducted so far involvement of the

[2023/RJJP/006464]

[CRLMP-497/2022]

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petitioners Ravi Ajmera, Amit Singh and Naval Ajmera has been established. The investigation has revealed that all the petitioners were well aware of the fact that a sector road has already been proposed in Khasra number 130, 131, 132 at Village Jagatshravan Pura and despite this fact, they allocated the said land to the allottees, developing a Bajrang Vihar Residential Colony over the said land and extracted money from the complainant and other persons.

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Thus after thorough investigation police has submitted a charge-sheet against Hanuman Sahai, Sitaram Meena and present petitioner Ravi Ajmera under Sections 420, 406 and 120-B of the Indian Penal Code. The investigation is still pending against the other three petitioners (Namely present petitioners Amit Singh and Naval) and the charge-sheet under Sections 420, 406 & 120-B of the Indian Penal Code is proposed.

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The investigation also reveals that accused Ravi Ajmer is a habitual offender and 13 FIRs have already been lodged against him under similar nature of offences and in 8 cases he has been charge-sheeted.

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The bail order of the learned Sessions Court exemplifies the conduct of the accused petitioner Ravi Ajmera. 10. It does not appear from the investigation so far that the accused petitioners have been falsely foisted and the FIR is mere abuse of process.

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Resultantly the criminal petitions lack any worth and hence the same are dismissed.

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(PRAVEER BHATNAGAR),J

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AK Chouhan/-

Naval Ajmera S/O Shri Nanchhi Lal, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Naval Ajmera S/O Shri Nanchhi Lal, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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