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2020 Supreme(Raj) 166

SANJEEV PRAKASH SHARMA
Anil Roop Mathur – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Madhusudan Sharma
For the Respondent: Ramesh Choudhary, PP, S.R. Surana, Sr. Adv. and Sanjay Yadav

JUDGMENT :

SANJEEV PRAKASH SHARMA, J.

1. The petitioner by way of this petition has prayed to call for the record and quashing the order dated 3.4.2019 and allow the application dated 10.7.2018 moved by him under Section 91 Cr.P.C.

2. In short, the facts of the case are that a criminal complaint was filed by the respondent No. 2 at Police Station, Mahesh Nagar, Jaipur, for offence under Sections 406, 120-B IPC and thereafter, a charge sheet in FIR No. 127/2007 has been filed by the Investigating Agency against the petitioner. Earlier the petitioner preferred a criminal misc. petition challenging the criminal proceedings in the said FIR, however, the same was withdrawn reserving right to file an application under Section 91 Cr.P.C. for summoning of record and documents.

3. Thereafter, an application was moved by the petitioner wherein he has stated that the ingredients of the complaint filed by the respondent mentions of a CD received from the accused. However, the complainant has stated in his FIR that he had prepared 118 colored photographs and 4 other colored photographs as a brochure and for the purpose of publishing the said brochure, he had prepared a design on the computer and af

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