Disposed

Ram Kanwar v. State of Rajasthan

Rajasthan HC1 Aug 2024CRLMP/2266/2024

Case brief

AI extract

What is this about?

The court disposed of a criminal miscellaneous petition seeking protection against arrest in a 2016 FIR for cheating and embezzlement. Relying on the delay and the impending filing of the charge sheet, the court refused pre-arrest bail but directed that the petitioners be given 30 days' prior notice under Section 41-A Cr.P.C. if incriminating material emerges.

What did the court decide?

Refused bail; directed 30 days' prior notice under Section 41-A Cr.P.C. if incriminating material emerges during charge sheet preparation.

Ram Kanwar Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2024)

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[2024:RJ-JD:31804]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 2266/2024

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Ram Kanwar W/o Sshri Heer Singh Solanki, Aged About 55 Years, R/o Garba Chowk, Raniwara Dist. Sanchore.

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Kalyan Singh S/o Ram Singh, Aged About 42 Years, R/o Village Surava, Dist. Jalore.

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp

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Vela Ram S/o Jota Ram, B/c Devasi R/o Malpura, Tehsil Ahore Dist. Jalore.

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----Respondents

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For Petitioner(s) : Mr. S.K. Saini For Respondent(s) : Mr. Gaurav Singh, PP

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HON'BLE MR. JUSTICE ARUN MONGA Order (Oral)

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01/08/2024

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Grievance of petitioners herein, sister and brother respectively, is qua their lurking apprehension of arrest in the FIR No.50/2016, registered way back on 02.03.2016, at P.S. Ahore, District Jalore for the alleged offences under Sections 420, 406, 120-B and 409 IPC, wherein husband of petitioner No.1 is stated to be a co-accused.

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Complainant alleges inter-alia that Sarvodaya Credit Cooperative Society opened a branch at village Guda Balotan. The accused, including petitioners, convened a meeting and lured the villagers including complainant to deposit money with the society, in lieu whereof handsome profit will be accorded and certain gifts would also be given. The complainant also deposited Rs.1,10,000/- with he said society on 04.12.2013 in fixed deposit for six months, the date of maturity of which was 04.06.2014. The maturity amount was Rs.1,14,950/-. On maturity, when the

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[2024:RJ-JD:31804]

[CRLMP-2266/2024]

respondent No.2-complainant went to the office of the society for withdrawal of the amount, it was disclosed that the entire amount was in fact deposited with the main branch at Bhinmal and that the village branch is closed and his refund was decilned.

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In view of the aforesaid backdrop, I have heard learned counsel for the petitioner and the learned Public Prosecutor. 4. Learned Public Prosecutor submits that the petitioner No.1 was the President of the said society and was thus, directly responsible for the embezzlement and cheating which took place qua the funds of the society. The petitioner No.2 was the executive member of the society. Therefore, both of them are required to be interrogated by the Investigating Agency.

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Having seen the contents of the FIR and after perusing the case file, I am of the view that the FIR was since registered way back in the year 2016 and till date no steps have been taken to interrogate the petitioners and at this belated stage, when in course of hearing, Court has been apprised that even chargesheet is also at the final stage for preparation, suffice to observe that in case any incriminating material emerges while preparing the charge-sheet, the petitioners shall be put to 30 days’ prior notice under Section 41-A Cr.P.C. so as to enable them to take their legal remedy qua the same in accordance with law.

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Disposed of accordingly.

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All pending application(s), if any, shall also stand disposed of.

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(ARUN MONGA),J

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13-skm/-

Ram Kanwar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ram Kanwar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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