KHAJU KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant criminal misc. petition under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'the Code' hereinafter), the petitioner seeks quashing of FIR No.343/05 dated 20.6.2005, Police Station, Udaimandir, Jodhpur for the offences under Sections 420 and 406 IPC.

(2.) I have heard learned counsel for the petitioner, public prosecutor and counsel appearing for the complainant non-petitioner No.2. Carefully gone through the FIR as also the Police Investigation Diary.

(3.) It is contended by learned counsel for the petitioner that in order to harass the petitioner, a civil suit was filed by Smt. Batul through her husband and power of attornery holder in the Court of Additional District Judge, Deedwana being Civil Original Suit No.68/98 with regard to the partnership firm. It appears that Smt. Batul and the petitioner have been the partners in a Gas Agency. That suit ultimately came to be dismissed and therefore, the instant FIR has been lodged in order to harass the petitioner. Learned counsel for the petitioner has relied on decision of Honourable Supreme Court in Rambiraji Devi Vs. Umesh Kumar 2006 (1) WLC (SC) (Criminal) 723.