Petition under Section 528 BNSS sought quashing of FIR alleging fraud and forgery in obtaining signatures of disabled persons for Scooty supply and non-compliance with Income Tax and Stamp provisions. The Court found prima facie allegations disclosed and declined to interfere.
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[2025:RJ-JP:20026]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1177/2025
Chhotelal Son Of Shri Chunna, Resident Of Bagheri Kala, Kishangarhbas, District Khairthal- Tijara.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Hemant Kumar Sharma |
|---|---|
| For Respondent(s) | : Mr. Tapesh Agarwal, PP |
| Mr. Rishi Raj Singh Rathore, PP | |
| Mr. Vikas Kumar Jakhar for | |
| Complainat |
HON'BLE MR. JUSTICE SAMEER JAIN
Judgment
13/05/2025
Present petition is filed under Section 528 of BNSS seeking quashing of the FIR No. 4/2025 dated 01.01.2025 registered at Police Station Kishangarhbas District Khhairthal Tijara.
Learned counsel for the petitioner has submitted that a civil suit is subjudice before the learned civil court. It is further submitted that the impugned FIR is made to be registered by giving criminal colour to a civil dispute, which is sheer abuse of process of law.
Upon perusal of the material available on record, it noted that fraud and forgery is committed by getting the blank paper signed from the disabled persons in order to supply them ‘Scooty’. It is further noted that transactions are carried out sans
[2025:RJ-JP:20026]
[CRLMP-1177/2025]
(2 of 2)
complying with the relevant provisions of the law like Income Tax, Stamp Duty as hefty amount is stated to be paid.
Considering the fact that relevant provisions of law as under the Income Tax Act and Stamp Act, are not followed and complied with, that FIR prima facie reflected the allegations of fraud and forgery, therefore, this Court finds no reason to interfere with the present petition.
Accordingly, present petition is dismissed. Pending
applications, if any, shall stand disposed of.
(SAMEER JAIN),J
Pooja /19
1 issue framed by the court
Whether the FIR alleging fraud and forgery in transactions with disabled persons should be quashed as giving criminal colour to a civil dispute.
3 provisions across 3 enactments
Chhotelal
The State of Rajasthan
Suman
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
