GIRRAJ AGARWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has filed this miscellaneous bail application under Sec. 438 Cr.P.C.

(2.) F.I.R. No. 488/2022 was registered at Police Station Vaishali Nagar, District Jaipur (West) for offences under Ss. 420, 406 & 120-B of IPC. later on, offences under Ss. 467, 468 & 471 of IPC have also been added.

(3.) It is contended by Counsel for the petitioner that the petitioner has falsely been implicated in this case and no case is made out against the petitioner. It is further contended that there is civil dispute between the petitioner and the complainant. It is further contended that alleged lease deeds (pattas) were kept in lien to fulfill the requirement of Township Policy, 2010 and lease deeds have now been released by JDA, Complainant can obtain the same from JDA after fulfilling the formalities. It is further contended that an application under Sec. 37 of the Police Act was filed by the investigation agency before the concerned Magistrate for obtaining warrant of arrest against the petitioner but the same was dismissed by the Court vide order dtd. 17/12/2022 but without any change in circumstances, on 10/1/2023, warrant under Sec. 37 of the Police Act has been obtained by the investigation agency only to file charge-sheet against the petitioner. It is further contended that charge-sheet in this matter has already been submitted before the Court below and no custodial interrogation of the petitioner is required in this matter. It is further contended that in this matter, when charge-sheet was filed, proceedings under Ss. 82 and 83 of Cr.P.C. were not initiated and same are still pending which is evident from para No. 7 of the impugned order. Learned Counsel for the petitioner placed reliance upon the following judgments:-