Rajasthan High Court - Jaipur
Ram Narayan Saini S/O Shri Kajor Mali vs State Of Rajasthan on 3 January, 2022
Author: Farjand Ali
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6002/2021
Ram Narayan Saini S/o Shri Kajor Mali, Aged About 52 Years,
R/o 16, Green Town Benad Road, Jaipur, District Jaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Gopal Sabu Son Of Damodar Prasad Sabu, Resident Of Ct
Bus Stand Ringus, District Sikar (Raj) At Present 629,
Scheme No. 4, Machda, Harmada, Jaipur (West),
Rajasthan.
----Respondents
Connected With
S.B. Criminal Miscellaneous (Petition) No. 5547/2019
Smt. Saroj Saini W/o Ram Narayan Saini, R/o 16, Green Town,
Benar Road, Jaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp.
2. Gopal Sabu S/o Damodar Prasad Sabu, R/o Ct Bus Stand,
Reengus, District Sikar, At Present R/o 629, Scheme
No.4-C, Moti Bandha Road, Machara Ps Harmara, Jaipur.
----Respondents
For Petitioner(s) : Mr. Bhuwnesh Sharma
Mr. Vikas Bunkar
Mr. Bheem Singh Dabla
Mr. Manraj Jat
For Respondent(s) : Mr. Ramesh Chaudhary, PP
Mr. Kapil Totla for the respondent
HON'BLE MR. JUSTICE FARJAND ALI Order 03/01/2022 (Downloaded on 24/12/2022 at 08:33:14 AM) (2 of 2) [CRLMP-6002/2021] This miscellaneous petition on behalf of accused-petitioner Ram Narayan Saini has been filed seeking quashing of the FIR impugned for the offence under Sections 420 and 406 of the IPC.
Counsel submits that the dispute between the parties is purely of a civil nature but endeavor has been made to give it a color of criminal offence. He submits that there was a transactional dispute between the parties for which documents were executed, however owing to some dispute in respect of the conditions of the agreement, the relationship between the parties become sore and thus instead of filing a civil suit, impugned FIR has been lodged. He submits that at the best it can be a case of breach of contract, not a breach of trust. Counsel drew attention of this Court towards illustration (G) of Section 415 of the IPC wherefrom it can be understand that every breach of contract does not give rise to a criminal prosecution.
Heard. Matter requires consideration. Issue notice.
Learned Public Prosecutor accepts notice on behalf of State. In the meanwhile, the petitioner shall not be arrested in the matter. However he would be required to join the investigation.
List after six weeks.
(FARJAND ALI),J ANAND TANWAR /43-44 (Downloaded on 24/12/2022 at 08:33:14 AM) Powered by TCPDF (www.tcpdf.org)