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2015 Supreme(Raj) 1187

M.N.BHANDARI
Mohan Lal Fatehpuria – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:A.K. Gupta, Advocate.
For the State: Sudesh Saini, Public Prosecutor.
For the Respondent No. 2:N.A. Naqvi, Senior Advocate with Mr. Rahil Khan, Advocate.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  • The petitioner challenged the FIR and the cognizance order for offenses under Sections 365 and 120-B of the IPC, arguing that the order was passed without proper consideration of the facts and evidence (!) (!) .

  • The FIR was registered after the police investigation yielded a negative final report, and the order of cognizance was only taken following a protest petition filed by the complainant (!) .

  • The dispute between the parties involves the termination of the non-petitioner's services prior to the alleged incident, and the pending legal proceedings before the Labour Court relate to this termination (!) .

  • The allegations in the FIR include that blank papers were signed by the non-petitioner under duress, purportedly to resign, but the services had already been terminated before the incident, and there was no evidence supporting the claim of signing blank papers (!) (!) .

  • The Court observed that the negative final report was not properly considered before taking cognizance, which was a procedural error (!) (!) .

  • The Court found that no material evidence supported the allegations of signing blank papers or abduction, and the existence of such documents was denied by the petitioner (!) (!) .

  • Consequently, the Court held that the order of cognizance was not sustainable and quashed the proceedings, leading to the dropping of criminal charges against the petitioner (!) .

  • The Court emphasized that the decision to take cognizance must be based on sufficient material, which was lacking in this case, and proper reasons should have been recorded before proceeding (!) (!) .

  • The petition was allowed, and the impugned order was set aside, as it was deemed to be against the law (!) .

Please let me know if you need any further analysis or specific legal advice related to this case.


JUDGMENT

1. - By this criminal misc. petition, a challenge is made to FIR bearing No.51/2003 registered with Police Station Sadar, District Alwar as well as to the order taking cognizance of offence under Sections 365 & 120-B of IPC.

2. Learned counsel for the petitioner submits that non-petitioner - complainant was an employee and looking to the requirement, was transferred to Delhi office vide order dated 10th July, 2001. When the order of transfer was not complied with, his services were terminated on 13th July, 2001. A dispute against termination is pending before the labour Court, Alwar. The non-petitioner-complainant, however, submitted complaint later on alleging criminal offence by the petitioner under Sections 467, 468, 365 & 120-B of IPC. The court passed an order under Section 156(3) of Cr.P.C. The Police registered the FIR and after investigation, gave negative final report. A protest petition was filed by the complainant-non-petitioner and thereupon, the Court took cognizance of the offence. The order aforesaid has been challenged, as it has been passed in ignorance of the facts available on record and without giving any reason as to why negative final report is to be d










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