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Rajasthan High Court · body

2019 DIGILAW 1354 (RAJ)

Mohammad Shafi Hasan Chauhan v. State of Rajasthan, Through PP

2019-05-03

PANKAJ BHANDARI

body2019
JUDGMENT 1. Petitioner has preferred this Criminal Misc. Petition for quashing of F.I.R. No. 163/2017 registered at Police Station Ramganj District Ajmer. 2. It is contended by counsel for the petitioner that the dispute, if any, is of a civil nature. Petitioner is residing in UAE. He is not involved in the said offence. 3. Investigating Officer was directed to remain present in the Court. The report was submitted by the Investigating Officer. As per the investigation done so far, cheating to the tune of more than Rs. 2,43,00,000/- has been done with the traders who are dealing with goats. 4. Investigating Officer has concluded that the petitioner is also involved in the said offence. 5. It is contended by counsel for the complainant that petitioner is appearing in the F.I.R. Petitioner and his brother had taken goats and amount of Rs. 2,43,00,000/- is outstanding towards them. The goats were entrusted to them. They have not repaid the amount, hence offence under Section 406 Cr.P.C. is made out. 6. I have considered the contentions. 7. The Apex Court in "Dineshbhai Chandubhai Patel v. State Of Gujarat" (2018) 3 SCC Page 104 has held that the High Court at this stage could not appreciate the evidence nor could draw its own inferences and such job is vested with the Investigating Authority. The Apex Court further observed that if the F.I.R. discloses prima facie commission of any cognizable offence, the High Court should stay its hand and allow the investigating machinery to step in to initiate the probe to unearth the crime in accordance with the procedure prescribed in the Code. 8. The present F.I.R. discloses commission of cognizable offence and police has also concluded that petitioner is involved in the crime, hence I am not inclined to entertain the Criminal Misc. Petition for quashing of F.I.R. 9. The Criminal Misc. Petition is, accordingly, dismissed. Stay application also stands disposed.