VINOD ZUTSHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These Criminal Misc. Petitions are pending before this Court since 2013 and have been taken up for final arguments.

(2.) Learned counsel for the petitioners as well as learned Additional Advocate General, appearing for the State are in agreement that the proceedings, which have been initiated against the petitioners in FIR No. 160/2010, registered at Police Station, Brahmpuri, Jaipur of which cognizance was taken for offence under Sections 420 , 409 , 120B IPC, cannot continue in view of the judgment passed by the Supreme Court in Jal Mahal Resorts Private Limited Vs. K. P. Sharma and others (Civil Appeals No. 4912, 4913 & 4914 of 2014, decided on 25/04/2014, reported in (2014) 8 SCC 804.

(3.) It is an admitted position that the FIR was lodged at the instance of Bhagwat Gaur at Police Station, Brahmpuri, Jaipur bearing No. 160/2010 under Section 420 , 467 , 471 and 120B IPC wherein, after investigation conducted three times by different Investigating Officers, final report was submitted in negative form with result that offences alleged have not made out, cognizance, however, was taken on the basis of the Protest Petition filed by Bhagwat Gaur and arrest warrants were issued by the learned Magistrate.