Back
IN THE HIGH COURT OF RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, J.
Jagdish Kumar Jingar – Appellant
Versus
State of Rajasthan and Ors. – Respondents
S.B. Criminal Misc (Pet.) Nos. 1368 to 1371 of 2021
Decided On : 18-09-2021
Indian Penal Code, 1860 – Sections 409, 419, 420, 467, 468, 471, 120-B – Criminal Procedure Code, 1973 – Section 239, 482, 173(8) – Rajasthan Cooperative Societies Act, 2001 – Section 55 – Punishment for cheating by personation – Cheating and dishonestly inducing delivery of property – Forgery of valuable security – Forgery for purpose of cheating – Criminal conspiracy – Deals with trial of warrant cases on police report – Saving of inherent powers of High Court – Power of police to conduct further investigation, after laying final report – Held, Court has also kept into observation fact that though pursuant to departmental enquiry, initially petitioner was found guilty and a punishment was also imposed upon him, but subsequently vide appellate order, same was set aside, for want of proper enquiry and on count of passing of a non-speaking order – However, it is weighing in mind of this Court that the appellate authority has not absolved the present petitioner of charges levelled against him, but has given a liberty to department to re-initiate enquiry against present petitioner – Precedent laws cited by learned counsel for petitioner do not apply in this case, as in present case, prima facie offence has been found to be made out against present petitioner, and standard of burden of proof required being different, both proceedings i.e. departmental proceedings and criminal proceedings, are quite separable, in present facts and circumstances – Petitions dismissed.
ORDER :
Pushpendra Singh Bhati, J.
1. In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned
2. These criminal misc. petitions under Section 482 Cr.P.C. have been preferred claiming the following reliefs:
"In the aforesaid facts and circumstances it is prayed before this Hon'ble Court to be pleased to call for the record bearing original criminal case No. 864/2011 pending before Additional Chief Judicial Magistrate Bhinmal District Jalore and after hearing the counsel for the petitioner be pleased to admit this misc. petition quash the order dated 31.10.2020 passed by the revisional court as well as order dated 8.2.2019 passed by trial court by quashing the total proceedings pending before trial court or pass such orders as the Hon'ble Court may deem fit and proper in the highest interest of justice."
In CRLMP No. 1369/2021:
"In the aforesaid facts and circumstances it is prayed before this Hon'ble Court to be pleased to call for the record bearing original criminal case No. 649/2011 pending before Additional Chief Judicial Magistrate Bhinmal District Jalore and after hearing the counsel for the petitioner be pleased to admit this misc. petition quash the order dated 31.10.2020 passed by the revisional court as well as order dated 8.2.2019 passed by trial court by quashing the total proceedings pending before trial court or pass such orders as the Hon'ble Court may deem fit and proper in the highest interest of justice."
In CRLMP No. 1370/2021:
"In the aforesaid facts and circumstances it is prayed before this Hon'ble Court to be pleased to call for the record bearing original criminal case No. 671/2011 pending before Additional Chief Judicial Magistrate Bhinmal District Jalore and after hearing the counsel for the petitioner be pleased to admit this misc. petition quash the order dated 31.10.2020 passed by the revisional court as well as order dated 8.2.2019 passed by trial court by quashing the total proceedings pending before trial court or pass such orders as the Hon'ble Court may deem fit and proper in the highest interest of justice."
In CRLMP No. 1371/2021:
"In the aforesaid facts and circumstances it is prayed before this Hon'ble Court to be pleased to call for the record bearing original criminal case No. 665/2011 pending before Additional Chief Judicial Magistrate Bhinmal District Jalore and after hearing the counsel for the petitioner be pleased to admit this misc. petition quash the order dated 31.10.2020 passed by the revisional court as well as order dated 8.2.2019 passed by trial court by quashing the total proceedings pending before trial court or pass such orders as the Hon'ble Court may deem fit and proper in the highest interest of justice."
3. Learned counsel for the petitioner submitted that the Joint Registrar, Rajasthan Cooperative Societies, Branch Jodhpur conducted an enquiry under sub-sections (5) & (6) of Section 55 of the Rajasthan Cooperative Societies Act, 2001 in the year 2009 regarding certain irregularities, which were pointed out in the Jalore Central Cooperative Bank Limited, Branch Dhumbriya pertaining to the years 2006-2007 and 2007-2008.
4. Learned counsel for the petitioner further submitted that the petitioner being Nodal Officer, Central Cooperative Bank, Main Branch Jalore was away from the Branch in question and was also not named in the FIRs in question.
5. Learned counsel for the petitioner also submitted that since the present petitioner was not having any role in the alleged crime, therefore, he has been wrongly arrayed as an accused in this case.
6. Learned counsel for the petitioner further submitted that in the charge-sheet initially submitted, one Bhagirath Bishnoi, Babulal Cashier and Krishan Kumar were found responsible for commission of the offence in question regarding specimen signatures of one Buta Ram, Anda Ram, Rana Ram, Hara Ram, Riga Ram, Atma Ram, Bhava Ram, B
SupremeToday
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
