2015 Supreme(Raj) 1906
BANWARI LAL SHARMA
Rameshwar Prasad – Appellant
Versus
State of Rajasthan – Respondent
Advocates:
For the Petitioner:Ravindra Paliwal, Advocate.
For the Respondent: Aladeen Khan, P.P.
For the Respondent No. 2:Rajneesh Gupta, Advocate.
JUDGMENT
1. - The present petition is preferred for quashing the FIR No.298/2015 for the offences u/s 420, 406 and 419 IPC registered at Police Station Bayana, District Bharatpur wherein allegations against the petitioner are that he introduced himself as an Advocate and received Rs. 30,000/- as his legal fees and Rs. 15,000/- for making payment to Magistrate as he told that he has talked with Magistrate thereafter periodically he took amount from the complainant and he received total amount as Rs. 66,500/- while neither he is an advocate nor he has any power for plead in the court.
2. Learned counsel for the petitioner submits that all the allegations in the FIR are false, the case in which complainant alleges that he enaged him as an advocate, same has already been compromised between the parties. Petitioner has not received money from the complainant, therefore, FIR may be quashed.
3. Learned counsel for the respondent no.2 complainant as well as learned Public Prosecutor Mr. Aladeen Khan submit that from the investigation the allegations levelled in the FIR are found true, therefore, no case is made out for quashing the FIR.
4. Heard.
5. In the matter of State of Haryana & Ors. v.
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