NIRAJ RAJ GARG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE complainant in the case is M/s. Mangalam Cement Ltd. , which manufactures cement and is based at Modak, Distt. Kota. THE accused petitioner was appointed as handling and clearing agent for this company on 1st May, 1987 and the terms and conditions are incorporated in a letter of this date. Subsequently the complainant M/s. Mangalam Cement lodged a report before the Judicial Magistrate First Class, Ramganj Mandi and this was sent for investigation to the Police Station Modak under Section 156 (3) Cr. P. C. When the SHO Police Station Modak was investigating the case, the petitioner filed a writ petition before this Court, which is D. B. Civil Writ Petition No. 3190 of 1957. THE petitioner wanted that investigation of the case by the SHO Police Station Modak, in Gaziabad should be stopped because this place was not within the jurisdiction of that police station and the offence, if any, had not been committed at that place. Another question which was raised was that the matter was of purely a civil nature and no offence was made out. This writ petition was dismissed by this Court holding that the matter was still under investigation and that the relief of anticipatory bail under Section 438 Cr. P. C. was available to the petitioner.

(2.) THE petitioner moved one application under Section 438 Cr. P. C and this was dismissed on 14th March, 1988 when no one was present either for the petitioner or for the complainant. At that time the lawyers were on strike. This order says that the order of the learned Sessions Judge has been perused and no case for bail is made out at this stage of pre-arrest. Now the present petition has been moved, which is the second bail application. Justice M. B. Sharma who dismissed the earlier bail application has ordered that this matter be placed before another Bench as while deciding the earlier bail application it escaped notice that Mr. D. K. Soral was an advocate in this case. He does not hear the cases in which Mr. Soral represents any party.