PRATIP CHADHURI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The matter comes up for consideration of stay petition preferred on behalf of the petitioner seeking staying of further proceedings pending before the Chief Judicial Magistrate, Jaisalmer (for short 'the trial court') in the Final Report No.80/2016, arising out of FIR No.37/2015 of Police Station Sadar, District Jaisalmer.

(2.) Vide impugned order, the trial court took cognizance against the petitioner and other co-accused persons for the offences under Ss. 420, 409 read with Sec. 120-B IPC.

(3.) Learned counsel for the petitioner has argued that dispute between the parties is purely of civil nature and taking into consideration this fact, the Hon'ble Supreme Court has already quashed the FIR No.605/2017 registered at Jaipur vide its order dtd. 23/10/2017 passed in Civil Appeal No.16929/2017, arising out of SLP(c) No.18195/2017. It is submitted that allegations levelled in that FIR are identical to the allegations levelled in the FIR No.37/2015 of Police Station Sadar, District Jaisalmer. It is further submitted that once this Court is seized of the matter and in similar petitions also, notices have already been issued to the rival parties, it would be in the fitness of things that further proceedings pending before the trial court may be stayed.