NAV RATAN KOTHARI Vs. STATE OF RAJ

JUDGEMENT

(1.) This Misc. Petition has been filed by the petitioner under section 482 Cr.P.C. against the order dated 7.10.2011 passed by Additional Sessions Judge No.5 Jaipur Metropolitan, Jaipur in Criminal Revision No. 11 of 2011 Nav Ratan Kothari vs. State and anr. whereby he has declined to grant stay of operation of order dated 9.9.2011 passed by Additional Chief Metropolitan Magistrate No.4 Jaipur Metropolitan, Jaipur in Criminal Case No. 1042/2011 whereby cognizance for offence under sections 420, 409 read with section 120 B IPC was taken and process was issued against the petitioner for securing his presence through arrest warrant in FIR NO. 160/2010 registered at Police Station Brahmpuri Jaipur.

(2.) Factial matrix of the case are that a criminal complaint was filed in the court of concerned Magistrate by the complainant Bhagwat Gaur, who is respondent No.2 herein (in short the complainant) against the petitioner Navratan Kothari and three other accused persons alleging commission of offence punishable under sections 420, 467, 471, and 120-B IPC. The said criminal complaint was sent for investigation under section 156 (3) Cr.P.C. by the concerned Magistrate to Police Station Brahmpuri, Jaipur. In pursuance thereof a regular FIR No. 160/2010 was registered at Police Station Brahmpuri, Jaipur for offence punishable under sections 420, 467, 471 and 120 B IPC, which reads as under :

(3.) The Police Station Brahmpuri, Jaipur prima facie found that the lease agreement in question and other documents were prepared in the office of Tourism Department, Jaipur which comes under the territorial jurisdiction of Police Station Vidhayakpuri, Jaipur City (South). In the said background, the police submitted final report for lack of territorial jurisdiction in the court of Judicial Magistrate No.22 Jaipur City, Jaipur. The concerned Magistrate by a detailed order dated 5.7.2010 sent the case back for investigation to Police Station Brahmpuri, Jaipur. After due investigation the Investigating officer of Police Station Brahmpuri, Jaipur found that no offence was committed and a supplementary final report was submitted in the court of concerned Magistrate on 27.9.2010. Thereafter the complainant submitted a protest petition before the Magistrate on 22.10.2010. Subsequently by the order of the CJM Jaipur City, the case was tranferred to the Court of Addl. Chief Judicial Magistrate No.4 Jaipur City. The said Magistrate by way of a detailed order dated 15.12.2010, after hearing arguments on protest petition of the complainant rejected the final report submitted by the police and ordered further investigation at the hands of a senior experienced highly placed police officer. Further investigation was handed over to Additional Deputy Commissioner of Police, Jaipur (North). Thereafter again a negative final report was submitted on 14.3.2011, against which again a protest petition was submitted by the complainant on 23.4.2011. The Magistrate on the basis of material available on record, rejected the final report and by order dated 9.9.2011 taken congnizance of offence under sections 420, 409 and 120 B IPC as also summonning the acused persons, including the petitioner through arrest warrant. The said order dated 9.9.2011 has been challenged in revision petition before the Sessions Judge Jaipur Metropolitan, Jaipur, which is presently pending before Additional Sessions Judge No.5 Jaipur Metropolitan, Jaipur. The revisional court after hearing submissions of either sides on the stay application, proceeded to decline the said application for stay, by refusing to grant stay on operation of order dated 9.9.2011. Against the order of the Addl. Sessions Judge, dated 7.10.2011 this misc. petition has been filed by the petitioner Nav Ratan Kothari.