NAGENDRA SINGH RATHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. is filed by petitioners with a prayer for quashing the F.I.R. No. 74/2016 of Police Station, Kuchaman City, District Nagaur, which was lodged by respondent No. 2, who happened to be the trustee of Shree Shree Maa Anandmayee Kuchaman Trust, Nagaur Fort Kuchaman, District Nagaur (hereinafter to be referred as the Trust).

(2.) The sum and substance of the impugned F.I.R. is this that the Trust had executed a lease-deed in favour of M/s. Rathore Hotels and Tours Private Limited, a company registered under the Companies Act, 1956. The petitioner No. 1 was the Director of the said company and petitioner No. 2 is father of petitioner No. 1, whereas the petitioner Nos. 3 and 4 are brother and mother of petitioner No. 1 respectively.

(3.) It is alleged in the complaint that vide lease-deed of the year 1992, a portion of Kuchman Garh (Fort) was leased out to M/s. Rathore Hotels and Tours Private Limited, however, the petitioner No. 1 hatched a conspiracy and obtained a loan of rupees five crore from Punjab National Bank, Delhi by mortgaging the whole property of Kuchaman Fort while submitting some forged documents claiming that he was leased out the whole Kuchaman Fort. It is further alleged in the complaint that the petitioner No. 1 had no authority to mortgage the whole property of Kuchman Fort because the whole property was not leased out to M/s. Rathore Hotels and Tours Private Limited. Several other allegations have also been levelled in the impugned F.I.R.