Rajasthan High Court - Jodhpur
Tushar Choudhary vs State Of Rajasthan (2025:Rj-Jd:2192) on 9 January, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:2192]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 230/2025
Tushar Choudhary S/o Heera Lal Choudhary, Aged About 21
Years, R/o 4-Dukan, Second Phase, Basni P.s. Basni, Dist.
Jodhpur
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. M/s R.B.L. Bank Limited, Through His Manager, Mr. Nikhil
Purohit Having Office At Plot No. 21, Sector -E, Masuriya
Colony, Sec-4 Shastri Nagar, Dist. Jodhpur
----Respondents
For Petitioner(s) : Mr. S.K. Bhati
For Respondent No.1 : Mr. N.S. Chandawat, Dy.GA
HON'BLE MR. JUSTICE FARJAND ALI
Order 09/01/2025
1. The instant criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing of FIR No.7/2023 dated 29.08.2023 of Police Station Cyber Police Station, District Dy. Commissionerate (Crime) Commissionerate Jodhpur for the offences under Sections 420, 406, 120-B of IPC and Sections 66-C and 66-D of IT Act.
2. Learned counsel for the petitioner prays for quashing the aforementioned FIR and all further proceedings in pursuant thereof.
3. Per contra, learned Dy.GA opposes the submission of learned counsel for the petitioner for quashing of the FIR and all further proceedings in pursuant thereof.
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[2025:RJ-JD:2192] (2 of 2) [CRLMP-230/2025]
4. After hearing learned counsel for the parties and going through the niceties of the matter, it is felt appropriate to direct that the petitioner shall not be arrested during the entire course of investigation. Instead thereof, if offence is found proved, then the Investigating Officer shall inform the petitioner to appear before the trial Court on the date of filing of charge-sheet.
5. Ordered accordingly.
6. The offences alleged against the petitioner are triable by the Court of Magistrate and do not contain the maximum punishment of more than 7 years, therefore, the provisions contained under Sections 41 and 41A of the Cr.P.C. are applicable mutatis mutandis and the judgment rendered by Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar reported in AIR 2014 SC 2756 applies squarely in the present case and, thus, it is ordered that on the day of filing of the charge-sheet, and upon appearance of the petitioner, he shall move a regular bail application and whereupon the learned trial court shall release him on bail on the very same day; on the amount of surety and bond as it deems fit.
7. Accordingly, the instant criminal misc. petition as well as the stay petition are disposed of.
8. Nothing precluded the petitioner to raise his grounds before the learned trial Court at appropriate stage.
(FARJAND ALI),J Abhishek Kumar S.No.354 (Downloaded on 15/01/2025 at 09:30:11 PM) Powered by TCPDF (www.tcpdf.org)