RAMDAYAL NAMDEV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner by way of this criminal misc. petition prays for quashing of an FIR No.199/2012 registered at Police Station Jhalra Patan, Jhalawar on 5.9.2012 for offence under Sections 420, 467, 468, 471 and 120-B IPC. During the pendency of this petition, the proceedings have been initiated against the petitioner under Section 37 of the Police Act issuing standing arrest warrants against him. Thereafter, the charge sheet has been filed against him under Section 299 Cr.P.C. in absence of the petitioner for offences under Section 420, 467, 468, 471 and 120-B IPC.

(2.) Learned counsel for the petitioner submits that in view of the law laid down by the Supreme Court in the case of Anand Kumar Mohatta and Others Versus State (Govt. of NCT of Delhi) Department of Home and Others reported in AIR 2019 SC 210, the petitioner who has assailed the FIR can also challenge the charge sheet if during the pendency of petition it has submitted the charge sheet.

(3.) Learned counsel submits that although the petitioner was not named in the FIR but since in subsequent investigation, the petitioner has been made as an accused, he is entitled to challenge the FIR as well as the charge sheet. Learned counsel submits that the petitioner was the Manager of the Bank at the relevant time for which the FIR has been registered wherein the allegations levelled are that as many as 65 persons named in the FIR obtained loan by submitting forged documents under Schedule