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2014 Supreme(Raj) 1047

PRASHANT KUMAR AGARWAL
Nemchand Bothra – Appellant
Versus
State of Rajasthan – Respondent


For the Complainant-Petitioner:Kamal Shrimal with V.K. Tamoliya, Advocates.
For the State: Jitendra Shrimati, Public Prosecutor.
For the Accused-Respondents:K. Agarwal, Sr. Advocate with Yogesh Pujari, Advocate.

JUDGMENT

1. - Heard learned counsel for the parties.

2. The complainant-petitioner has filed this application under Section 439(2) Cr.P.C. with the prayer to cancel the anticipatory bail granted to the accused-respondents No. 2 to 4 by this Court vide order dated 30.8.2013 in S.B. Criminal Misc. Bail Application No. 7930/2013 in respect of F.I.R. No. 40/2013 registered at Police Station Gangapur City (District Sawai Madhopur) for the offences under Sections 420, 467, 468, 471, 472 read with Section 120-B I.P.C. mainly on the {round that during investigation FSL report dated 19.11.2013 has been obtained and it has been opined in it that the disputed agreement to sell dated 15.1.2012 does not bear the signatures of the complainant and while affording liberty of anticipatory bail to the respondents, a right was given to the complainant to pray for cancellation of the same, if it is found in the FSL report that the disputed agreement does not bear the signatures of the complainant.

3. Brief relevant facts for the disposal of this application may be stated as below:

(i) The petitioner filed a complaint against the accused-respondents and two other persons for the aforesaid offences in the
















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