RAVINDRA SAXENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted.

(2.) The application filed by the appellant seeking anticipatory bail has been rejected for the third time by the High Court of Rajasthan, Jaipur Bench. On the basis of the complaint made by one Karan/Karani Singh an FIR has been registered against the appellant i.e. FIR No. 107/2007 dated 3.5.2007 Jaipur City, Police Station Vidhyadhar Nagar under Section 420, 467, 468, 120B IPC. It is alleged that the complainant agreed to purchase the flats being Flat Nos. 101 and 101A from the appellant and his father the necessary consideration was received by the accused Nos. 1 and 2. The same flats were subsequently sold to somebody else. It is, therefore, alleged that the appellant has committed offences under Section 420, 467, 468, 120B IPC. Amar Nath Saxena (father of the Appellant); the Appellant i.e., Ravindra Saxena; Shrimati Sharada Devi and Pradeep Maheshwari and accused numbers 1 to 4 in the FIR. According to the appellant the investigation in the FIR was taken over by Samunder Singh, ASI, who happened to be a close relative of the complainant. Therefore, the criminal process is being abused at the instance of the investigating officer.

(3.) At the time of the hearing of the matter the learned Counsel for the appellant pointed out that the father of the complainant is a retired police officer. The complainant is a property dealer. The parties are well known to each other. They have commercial transactions with each other. In fact, the criminal complaint has been filed in order to pressurise the appellant for not to pursue the civil litigation pending between the parties. The complainant has already filed a suit for specific performance on 07.5.2007 on the same cause of action. Since, the appellant was being pressurized to compromise in the civil litigation he filed an application for anticipatory bail. He also filed the complaint in the Bar Council of Rajasthan against some Advocates who had been compelling the appellant. Even then Session Judge rejected his application for anticipatory bail on 13.07.2007.